Post New Article

The Plot to Level the Administrative State

Original Article

Posted By: tisHimself, 1/16/2020 4:46:30 AM

The nondelegation doctrine, unlike most legal concepts, is less boring than it sounds. After the 1930s, it became constitutional esoterica, a relic of a bygone age in which the Supreme Court resisted efforts by Americans to regulate their own economic affairs. But it has the potential to overthrow most of the federal government if wielded in a certain way, and the Roberts court could soon give it startling new relevance.

Post Reply

Reply 1 - Posted by: KatieJo 1/16/2020 5:01:56 AM (No. 289750)
if only.....the administrative state has become a monster and a blight on us all.
9 people like this.

Reply 2 - Posted by: doctorfixit 1/16/2020 5:48:25 AM (No. 289769)
Congress would have to exhibit some integrity to deep-six the Deep State. Ditto the federal judiciary. Never happen. The way to destroy the Deep State is to shut off the money. This will require the abolition of paycheck tax withholding as well as massive expansion of the underground economy. But as we know, the Deep State is moving in the opposite direction by making everyone an employee and abolishing independent contractors.
9 people like this.

Reply 3 - Posted by: jeffkinnh 1/16/2020 8:33:13 AM (No. 289890)
I think that control of money is also the issue but in another way. I think that there should be a government spending financial impact clause in EVERY bill passed and agencies MUST stay within that limit (inflation adjusted) unless additional leaway is specified. Further, that leaway should be legislatively limited across ALL bills to some reasonable amount, say $10 million. Addition expenses should have to go back before Congress for approval. Expenditures for bills previously passed should be level FROZEN until reviewed and approved by Congress and then subject to the same limits. Further, there should be an estimate of financial impact on the business community and no regulations should be passed that exceed that impact. For example, if compliance is expected to cost business $50 million, regulations, each with their own impact estimates, cannot exceed that total amount without legislative approval. In short, Congress has the power and responsibility for significant government spending and impact on business, NOT the Deep State. That would have prevented the EPA power grab under BO.
2 people like this.

Reply 4 - Posted by: earlybird 1/16/2020 9:12:09 AM (No. 289960)
Have we ever seen the far-Left New Republic posted here before? The view from the Other Side...
2 people like this.

Reply 5 - Posted by: jimincalif 1/16/2020 10:46:54 AM (No. 290097)
The article is interesting and more objective than the headline. A quote in the article from Justice Kagan - “Indeed, if Sorna’s delegation is unconstitutional, then most of Government is unconstitutional...”
2 people like this.

Reply 6 - Posted by: Pete Stone 1/16/2020 12:19:31 PM (No. 290191)
It's a thorny problem. In many laws, the Executive Branch, through its agencies, is directed to write regulations implementing the law. The most notorious example is environmental law. The EPA is directed (by law) to determine safe vs. unsafe levels of contaminants in water, air, and soil. The Congress is completely incompetent and unable to do that job. Scientists, for better or worse, determine these levels and then EPA issues regulations. EPA bureaucrats often display a lot of arrogance in doing this. The EPA isn't the only bloated agency deciding what the law means. The Food and Drug Administration, what's left of the Public Health Service, the USDA Forest Service, the Bureau of Indian Affairs, and many other Executive agencies show similar disregard of what the public wants. In most cases it's the fault of Congress for writing bad laws. Also note that if an agency like the EPA isn't seen as zealous enough it gets sued in Federal court by environmentalists to force it to comply with what they see as the law and write more stringent regulations! A lot of this would be remedied if the laws included a clause that final regulations must be approved by Congress. But Senators and Representatives hate that idea, because it puts the responsibility back in their hands and hurts their chances of being reelected.
2 people like this.

Below, you will find ...
Most Recent Articles posted by "tisHimself"
and
Most Active Articles (last 48 hours)
Most Recent Articles posted by tisHimself"
The Plot to Level the Administrative State 6 replies
Posted by tisHimself 1/16/2020 4:46:30 AM Post Reply
The nondelegation doctrine, unlike most legal concepts, is less boring than it sounds. After the 1930s, it became constitutional esoterica, a relic of a bygone age in which the Supreme Court resisted efforts by Americans to regulate their own economic affairs. But it has the potential to overthrow most of the federal government if wielded in a certain way, and the Roberts court could soon give it startling new relevance.
Idea to dismiss articles of impeachment cools in Senate 18 replies
Posted by tisHimself 1/14/2020 5:59:09 AM Post Reply
Senate Republicans signaled they would reject the idea of simply voting to dismiss the articles of impeachment against President Donald Trump as the House prepares to send the charges to the chamber for the historic trial. “I think our members, generally are not interested in the motion to dismiss. They think both sides need to be heard,” Sen. Roy Blunt, R-Mo., who is part of GOP leadership, said Monday
Susan Collins Working with
”Small Group’ of GOP Senators to Rally
Support for Impeachment Witnesses
32 replies
Posted by tisHimself 1/12/2020 7:38:58 AM Post Reply
The moderate Republican, who signaled that she is open to witnesses in a Senate impeachment trial, told reporters on Friday that she is working with a “fairly small group” of GOP senators as part of an effort to solidify support for witnesses in the impeachment trial in the Senate. “I am hopeful that we can reach an agreement on how to proceed with the trial that will allow the opportunity for both the House and the president’s counsel if they choose to do so,” Collins said, according to Bangor Daily News.
How Dick Cheney and Colin Powell went from
bosom buddies to bitter foes
20 replies
Posted by tisHimself 1/12/2020 3:11:18 AM Post Reply
In 1991, Dick Cheney and Colin Powell were riding high on their Persian Gulf War triumph. More than four million New Yorkers poured into the streets to cheer the ticker-tape parade they led up Broadway. “The most effective combination we’ve seen in this country since Babe Ruth and Lou Gehrig,” gushed one Republican lawmaker. President George H.W. Bush basked in a 74 percent approval rating, and his two top military advisers, Cheney as secretary of defense and Powell as chairman of the Joint Chiefs of Staff, were a perfectly unified team.
Passenger plane with 180 people on board crashes in Iran 9 replies
Posted by tisHimself 1/8/2020 4:55:34 AM Post Reply
A passenger plane with roughly 180 people on board crashed in Iran shortly after taking off, reportedly due to technical issues. Iranian state media reported that the Boeing 737 plane, belonging to Ukraine International Airlines, crashed near the Imam Khomeini airport in Tehran, according to several news outlets. There were no immediate reports regarding casualties from the crash. The flight was headed to Ukraine.
Romney wants 'to hear from John Bolton' in impeachment trial 22 replies
Posted by tisHimself 1/7/2020 2:09:54 AM Post Reply
Sen. Mitt Romney (R-Utah) said on Monday that he wants to hear from John Bolton after the former White House national security adviser offered to testify in President Trump’s impeachment trial if subpoenaed. Romney told reporters at the Capitol that he wants to hear from Bolton and find out “what he knows” about Trump’s dealings with Ukraine. “I would like to be able to hear from John Bolton. What the process is to make that happen, I don’t have an answer for you,” he added.
60 Minutes investigates
the death of Jeffrey Epstein
26 replies
Posted by tisHimself 1/6/2020 5:43:01 AM Post Reply
In July 2019, Jeffrey Epstein, already a convicted sex offender, was arrested and charged with sex trafficking by federal prosecutors. On August 10, Epstein was found dead in his federal jail cell at Manhattan's Metropolitan Correctional Center (MCC). The New York City Medical Examiner's Office ruled Epstein's death a suicide by hanging, but a forensic pathologist who observed the four-hour autopsy on behalf of Epstein's brother, Mark, tells 60 Minutes the evidence released so far points more to murder than suicide in his view. Dr. Michael Baden's key reason: the unusual fractures he saw in Epstein's neck
A Crude Proposition That Should
Be Music to Mr. Trump’s Ears
15 replies
Posted by tisHimself 1/4/2020 6:30:45 AM Post Reply
Alberta is often referred to as Canada’s Texas because of its cowboy culture and rich oil deposits. These are extracted from the tar sands near the city of Fort McMurray to the tune of about 3.5 million barrels a day. If the province were a country, it would be the fifth largest oil producing nation on earth, with room to grow. It has the “third largest proven oil reserve” on the planet with the capacity to fill 170 billion more barrels at least, reports National Geographic. By Canadian standards, Albertans are conservative citizens with a libertarian glint in their eye. By American standards, they’re moderates.
Pro-Romney super PAC closes, nearly 8 years
after failed presidential campaign
13 replies
Posted by tisHimself 1/1/2020 8:44:14 AM Post Reply
Sen. Mitt Romney’s 2012 super PAC formally shuttered this week, nearly eight years after his presidential campaign failed. Restore Our Future’s termination report filed with the Federal Election Commission formalizes the Utah Republican’s waning influence in the national GOP and may signal the lackluster fundraising potential of ‘Never Trump‘ Republicans in 2020.
Here are the 5 biggest Republican
mistakes of the decade
22 replies
Posted by tisHimself 1/1/2020 8:39:53 AM Post Reply
For Republicans, the 2010s end with the party seemingly in a better situation than it was when the decade started. The GOP has control of the White House and the Senate. Ten years ago, the Democrats held the White House and both houses of Congress. But that scorecard doesn't tell the whole story. Thanks to five major blunders over the last decade, the Republican Party is actually weaker than it was on Jan.1, 2010. To understand why, you have to document each key mistake in order:
Top 12 Get-Trump Bloopers of 2019 6 replies
Posted by tisHimself 1/1/2020 4:42:35 AM Post Reply

The year 2019 might go down in history as the funniest 365 days in American politics. “Get-Trump” videos work as a pretty good stand-in for funny cat videos: Always taking themselves too seriously, overreacting to stimuli, and exhibiting a hilarious lack of self-awareness. So, in order to spread some holiday cheer, I have compiled a shortlist of my favorite videos of get-Trumpers and their hilarious hijinks. Let’s get righ<br> Nothing sticks to him.t to the list:

Bitter Clingers in Texas Shoot Back 15 replies
Posted by tisHimself 1/1/2020 4:29:12 AM Post Reply
The reason the Founders put the Second Amendment in the Constitution, the document Democrats and liberals selectively embrace or read things into when convenient, was seen last Sunday at the West Freeway Church of Christ in White Settlement, Texas, near Forth Worth where, dare we say it again, good guys with guns stopped a bad guy with a gun. Note the plural is used here, for video footage shows at least seven guns were drawn with seconds of the killer opening fire on the parishioners inside, killing two. But only two, as a wider massacre was stopped by those who don’t believe in gun-free zones.
Most Active Articles (last 48 hours)
White House violated the law by
freezing Ukraine aid, GAO says
46 replies
Posted by Hermoine 1/16/2020 10:16:42 AM Post Reply
The White House budget office violated the law when it froze U.S. military aid to Ukraine, the Government Accountability Office concluded in a new report. “Faithful execution of the law does not permit the president to substitute his own policy priorities for those that Congress has enacted into law,” the GAO wrote in an eight-page report. Several witnesses who testified before House impeachment investigators said President Donald Trump ordered the hold on the critical military assistance.
Climate crisis is biggest threat
to the planet, warn global elite
41 replies
Posted by NorthernDog 1/16/2020 11:10:42 AM Post Reply
The climate crisis is the biggest threat to global stability, the World Economic Forum (WEF) has warned. WEF on Wednesday published its annual global risk report, highlighting what its members see as the biggest threats to economic and political stability. For the first time in the report’s history, the top five longterm risks were all linked to the environment. “The planet is heating, the ice is melting, and we see that the library of species are on fire,” Borge Brende, president of WEF, said at a press conference in London to launch the report. “It’s really, really serious.” The biggest
Desperate Elizabeth Warren
now says she'll cancel student
debt by executive action
36 replies
Posted by MissMolly 1/16/2020 5:18:58 AM Post Reply
In her latest show of desperation, Sen. Elizabeth Warren is now promising to implement her student loan forgiveness plan by executive fiat, adding legal questions to an already reckless proposal. With less than three weeks to go before Iowa, Warren needs to make a splash in Tuesday night's debate. She's teetering on the edge of disaster in the first Democratic nomination contest, and a poor showing there would doom her presidential ambitions. After her campaign spent yesterday pushing the idea that Sen. Bernie Sanders told her in a private meeting that a woman couldn't be elected president, she's trying out a new gimmick
Harvard releases radical proposal to fix
America's democracy that divides Washington
D.C. into 127 new states, adding enough
votes in Congress to rewrite the constitution
and eliminate the Electoral College
33 replies
Posted by Imright 1/16/2020 9:12:00 PM Post Reply
Harvard has released a radical proposal to fix America's broken democracy.Researchers suggest Congress needs to pass legislation reducing the size of Washington, D.C. to just a few core federal buildings and declaring its 127 neighborhoods as states.These new states would add enough votes for Congress to rewrite the Constitution in a way that 'every vote counts equally' by ratifying four amendments.The plan entails equal representation in both the Senate and the House, replacing the Electoral College with a popular vote and modifying 'the Constitution's amendment process that would ensure future amendments are ratified by states representing most Americans.' The authors of the proposal suggest dividing D.C.
US Rep Kirkpatrick from Tucson
to seek alcohol treatment
after serious fall in D.C.
31 replies
Posted by Lucky5 1/16/2020 12:24:43 PM Post Reply
U.S. Rep. Ann Kirkpatrick, a Democrat who represents Tucson and Southern Arizona, announced Wednesday that she is stepping away from her duties temporarily to seek treatment for alcohol dependence after suffering a serious fall last week that left her with cracked ribs and spinal fractures. “I am finally seeking this help after struggling to do so in the past, and I am ready to admit that I, like countless other Americans, suffer from this disease,” she said in a prepared statement. “Hard work and determination — which have brought me success in life — have not been enough to win this battle.
HBO Teams with CNN’s Brian Stelter for
Documentary About the Rise of
Fake News
28 replies
Posted by Imright 1/16/2020 10:40:50 AM Post Reply
Just a week after news broke about CNN settling a massive lawsuit over its fake news coverage of Covington Catholic High School student Nick Sandmann, WarnerMedia announced Wednesday that CNN’s Reliable Sources host Brian Stelter is making a documentary about the rise of fake news that will debut in March on HBO.After Truth: Disinformation and the Cost of Fake News will examine the phenomenon of “fake news” in the age of social media and the impact that the trend has on average citizens, according to a release from WarnerMedia, the parent company of both CNN and HBO. Brian Stelter is serving as an executive producer of the documentary,
Obnoxious liberal soccer champ Rapinoe
determined to make Olympics about politics
28 replies
Posted by ladydawgfan 1/16/2020 7:41:42 AM Post Reply
Megan Rapinoe's roaring again. The International Olympic Committee published new rules that prohibit "political, religious or racial propaganda" "at medal ceremonies and Olympic venues," and Rapinoe says she "will not be silenced." She later added that she will kneel anyway, which would force the IOC to enforce its rules or back down. Not one for fine distinctions, Megan understands the world only in relation to herself and, as usual, completely misses the point. The IOC said nothing about silence. They said she couldn't use the Olympic stage to push politics. You can noisily talk about anything else — your girlfriend, the state of soccer,
A normal court would reject a
dishonest prosecutor like Adam Schiff
24 replies
Posted by Pluperfect 1/16/2020 4:39:52 AM Post Reply
Speaker Nancy Pelosi named the seven House impeachment managers who will prosecute the case in the Senate. But one of the two lead prosecutors would be kicked out of any normal court for repeated lies. Intelligence Chairman Adam Schiff has been lying to the world for years in his nonstop campaign to smear President Trump. Back in March 2017, he insisted that he’d seen “more than circumstantial evidence” that Trump had colluded with Russia to win the 2016 election — a claim exposed as false by the Mueller report.
Trump snubbed by 'teacher of the year'
who knelt in front of him during
anthem at college football game
23 replies
Posted by Ribicon 1/16/2020 11:19:41 PM Post Reply
A Minnesota woman recognised as a "teacher of the year" knelt during the US national anthem at a college football championship game attended by Donald Trump in a protest inspired by black athletes that is known to infuriate him. During the 2020 championship game in New Orleans between LSU and Clemson University, Kelly Holstine knelt on the field in front of the president and Melania Trump to support "marginalised and oppressed people". Other teachers who received the honour remained standing in a line either side of her.(Snip) Ms Holstine—who teaches at an alternative high school in Shakopee that serves Somali refugees and students who identify as LGBT+
Stephen King faces backlash for saying 'quality'
should matter in Oscar nominees over 'diversity'
23 replies
Posted by NorthernDog 1/16/2020 1:52:57 PM Post Reply
Legendary horror author Stephen King is facing backlash on Tuesday for his commentary on this year's Oscar nominations, stressing that the "quality" of the art should matter over "diversity." On Monday, the Oscar nominations were revealed, and the Academy was slammed for both not having any female nominees for Best Director and for the numerous snubs of people of color among the other categories. King weighed in on the controversy on Twitter. "As a writer, I am allowed to nominate in just 3 categories: Best Picture, Best Adapted Screenplay, and Best Original Screenplay. For me, the diversity issue -- as it
Schiff Warns GOP Senators: Don’t Blind Yourself
to the ‘Truth’
22 replies
Posted by ladydawgfan 1/16/2020 8:29:51 AM Post Reply
House Intel Committee chairman Rep. Adam Schiff (D-CA) said Wednesday on CNN’s “Situation Room” that Republican senators will be asked why they blinded themselves to the truth if they block witnesses and documents in the impeachment trial of President Donald Trump. Schiff said, “I hope all the senators, not just these four, take their oath seriously. They will be sworn in. They will be sworn to an oath that requires them to be impartial. If they are truly impartial, they will want a fair trial. Fair to the president and the American people. They will want witnesses and want to see the documents. I hope that will take that oath seriously.”
Why Trump’s Dishwasher Diatribe Matters 22 replies
Posted by RockyTCB 1/16/2020 6:24:40 AM Post Reply
The left had another apoplectic fit when President Donald Trump started talking about dishwashers at his Milwaukee rally this week. How dare he focus on something so trivial when House Democrats are busy trying to remove him from office. But Trump is on to something, and the fact that the liberal elites can’t understand what it is says more about them than it does about Trump. “Anybody have a new dishwasher?” Trump asked the audience on Tuesday. “I’m sorry for that, it’s worthless. They give you so little water. … So what happens? You end up using it 10 times
Post New Article