Will Constitutionalism make a Comeback? Maybe. But that is not the way to bet.

[MisterVeritis]

Justices Thomas and Alito may be shifting the court back toward the Constitution. I hope so.

https://www.realclearpolitics.com/ar...egulation.html

Article I, Section 1, Clause 1 of the Constitution provides that “All legislative Powers herein granted shall be vested in a Congress,” which means that legislative decisions have to be made by Congress and cannot be delegated to the other branches of government (and certainly not to private individuals). This “non-delegation doctrine” is a core aspect of the Constitution’s separation of powers, but for more than three-quarters of a century, we’ve been living under a “law by regulation” administrative state that finds little support in the Constitution. Congress has delegated large swaths of its lawmaking power to unelected and unaccountable executive and even “independent” agencies.

This is what FDR did to this nation.

Most of the laws that harass us are manufactured by so-called independent agencies, not by Congress. It is textbook tyranny.

[Lummy]

Well, I would imagine Congress has provided for delegating their authority to these entities and individuals.

Must be some court rulings on this, but I'm not going to look them up.

[MisterVeritis]

Well, I would imagine Congress has provided for delegating their authority to these entities and individuals.

Must be some court rulings on this, but I'm not going to look them up.

The Constitution does not allow delegation. That was the whole point of both Alito's and Thomas's comments in the article. The referenced decision may presage a move toward Constitutionalism on the part of the men and women in black dresses.

[MisterVeritis]

"in his opinion concurring in the judgment of the 2015 decision in Department of Transportation v. Association of American Railroads, Justice Clarence Thomas explicitly urged the court to revive the non-delegation doctrine. This term, the Supreme Court took up a case, Gundy v. United States, where the question presented asked the court to do precisely that:
“Whether the federal Sex Offender Registration and Notification Act’s delegation of authority to the attorney general to issue regulations under 42 U.S.C. [section] 16913, violates the nondelegation doctrine.”

[Sergeant Gleed]

And the Framers did not ecpect Congress to write every single regulation, either.

Here's the real problem:

Congress has relegated to federal agencies matters the Constitution does not allow Congress to regulate at all.

Federal Environmental Protection? What would be allowed to federal oversight is pollution that crosses state lines.

Education? Congress has absolutely no authority at all.

The Socialist Security Ponzi Scheme? Congress has absolutely no authority to tax citizens to fund returements. Period, except perhaps as a standard pension deductible only for people directly hired to the federal payroll.

Food stamps. Congress has no authority.

Agriculture price supports? Congress has no authority.


Health care? Obviously Congress does not have authority.


So while it's valid to for Congress to permit a federal regulatory agency to work out the minutiae, within what would have to be fairly narrowly defined parameters, the Real problem is the total violation of federalism.

[Sergeant Gleed]

And the Framers did not ecpect Congress to write every single regulation, either.

Here's the real problem:

Congress has relegated to federal agencies matters the Constitution does not allow Congress to regulate at all.

Federal Environmental Protection? What would be allowed to federal oversight is pollution that crosses state lines.

Education? Congress has absolutely no authority at all.

The Socialist Security Ponzi Scheme? Congress has absolutely no authority to tax citizens to fund returements. Period, except perhaps as a standard pension deductible only for people directly hired to the federal payroll.

Food stamps. Congress has no authority.

Agriculture price supports? Congress has no authority.


Health care? Obviously Congress does not have authority.


So while it's valid to for Congress to permit a federal regulatory agency to work out the minutiae, within what would have to be fairly narrowly defined parameters, the Real problem is the total violation of federalism.

To put it another way...would anyone trust Shield Confederate General Confederate General to validate the Navy regulations regarding the procurement of and safe operation of shipboard nuclear power systems?

How about if Ted Cruz was required to validate the entire Federal Aviation Regulations?

Those are jobs for specialists.

[MisterVeritis]

And the Framers did not ecpect Congress to write every single regulation, either.

Here's the real problem:

Congress has relegated to federal agencies matters the Constitution does not allow Congress to regulate at all.

Federal Environmental Protection? What would be allowed to federal oversight is pollution that crosses state lines.

Education? Congress has absolutely no authority at all.

The Socialist Security Ponzi Scheme? Congress has absolutely no authority to tax citizens to fund returements. Period, except perhaps as a standard pension deductible only for people directly hired to the federal payroll.

Food stamps. Congress has no authority.

Agriculture price supports? Congress has no authority.


Health care? Obviously Congress does not have authority.


So while it's valid to for Congress to permit a federal regulatory agency to work out the minutiae, within what would have to be fairly narrowly defined parameters, the Real problem is the total violation of federalism.

The Constitution makes no provisions for the Executive branch to legislate. None. It is not valid for Congress to delegate its legislative authority to the Executive branch nor to the Judiciary. We may as well not have a Constitution.

[Sergeant Gleed]

The Constitution makes no provisions for the Executive branch to legislate. None. It is not valid for Congress to delegate its legislative authority to the Executive branch nor to the Judiciary. We may as well not have a Constitution.

Yes, we know you don't want to face reality, but the reality is that Congress has always delegated the boring details of writing regulations tk the boring people who know what they are talking about.

Just like every other government since Hamurabi.

And you are also dodging the fact that the problem is the federal overreach into non-allowed legislative realms.

Not much I can say since all you really did was restate your bias.

You didn't even try to explore the real issue, you just wanted to cry.

[MisterVeritis]

Yes, we know you don't want to face reality, but the reality is that Congress has always delegated the boring details of writing regulations tk the boring people who know what they are talking about.

Just like every other government since Hamurabi.

And you are also dodging the fact that the problem is the federal overreach into non-allowed legislative realms.

Not much I can say since all you really did was restate your bias.

You didn't even try to explore the real issue, you just wanted to cry.

Those who fail to read, understand, support and defend the Constitution will be ruled by others.

[Sergeant Gleed]

Those who fail to read, understand, support and defend the Constitution will be ruled by others.

Yes, you will be.

I see you failed to answer the question about how Ted Cruz is going to write the regulations on nuclear safety.