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Supreme Court revisits the Chevron Deference.

wellwisher

Well-Known Member
The US Constitution states that Congress will be in charge of making laws. However, about 40 years ago the Supreme Court ruled in favor of Regulatory Agencies; like EPA, who are more specialized, could also regulations apart from Congress.

One of the most important principles in administrative law, the “Chevron deference” was coined after a landmark case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984). The Chevron deference is referring to the doctrine of judicial deference given to administrative actions. In Chevron, the Supreme Court set forth a legal test as to when the court should defer to the agency’s answer or interpretation, holding that such judicial deference is appropriate where the agency’s answer was not unreasonable, so long as Congress had not spoken directly to the precise issue at question.

This is being challenged as Unconstitutional, since the Congress is not longer making the law, but the vast majority go of law is being created by those who were never specifically allowed to make laws in the Constitution.

The Constitution put Congress in charge of law making, thereby making those who make popular and/or unpopular laws, accountable to the people via elections. The Regulatory state is not elected, but appointed, and therefore law making is longer accountable to the people. The leaders of the Regulatory state are not elected, and you cannot fire anyone in Government. These regulators can linger an entire career and not be accountable to the people during a half dozen election cycles. They are put above the Constitution and now are used by elected officials, to buffer themselves, from the consequences of decisions, that could backfire at election time, if they were still accountable.

For example, the various agencies connected to illegal immigration are not composed of elected officials. They are doing the bidding of the DNC and the Democrats; same philosophy. But since no Democrats has his or her name on any law, the DNC gets what they want, while being able to deny any connection to what is going on. Come elections they can act like innocent by standers and blame someone else; Trump, since there is no signature on paper; legal loophole. Now citizens need to sue making this very expensive so very few can do anything. It appears to be designed to be a lawyer paradise and not conducive to freedom but monarchy.

If the Supreme Court was to overturn the precedent, members of Congress would have to put their names on all laws and regulations, and not be buffered by the independent players, like Fauci and the CDC, composed of unelected officials, who can be used as scapegoats and then pardoned.

The "Swamp" is connected to this shadow branch go Government composed of career bureaucrats with unelected regulatory power, that is above the law, and is often continuous from election to election. It is most allied with the Democrat party, who is the party of regulations and rules, and acts as buffer to DNC accountability. The FBI was the buffer agency between Obama and Biden, spying on then candidate Trump. Some members took the heat, but nothing happens to the elected officials, since the leaders can lie and deny; legal bull crap.

If the Chevron Deference is overturned, expect a quantum drop in regulation until Congress becomes fully accountable. It may be a good idea to use that as a transition time, to simplify to the best core principles of all the agencies and then rebuild, adding accountability clauses such as agency term limited. This will shrink government and lower costs. However, it will cut into the Lawyer industry ,who will be expected to fight against the lost business of defending against the Swamp, while being an unaccountable part of the problem.

DEI is a government agency, that is partisan to the Left, and like a independent regulatory cancer needs containing, until Congress is accountable for their actions, based on signature votes that can be used at election time. No more hiding behind the swamp to pick pocket America.
 

Guitar's Cry

Disciple of Pan
The US Constitution states that Congress will be in charge of making laws. However, about 40 years ago the Supreme Court ruled in favor of Regulatory Agencies; like EPA, who are more specialized, could also regulations apart from Congress.



This is being challenged as Unconstitutional, since the Congress is not longer making the law, but the vast majority go of law is being created by those who were never specifically allowed to make laws in the Constitution.

The Constitution put Congress in charge of law making, thereby making those who make popular and/or unpopular laws, accountable to the people via elections. The Regulatory state is not elected, but appointed, and therefore law making is longer accountable to the people. The leaders of the Regulatory state are not elected, and you cannot fire anyone in Government. These regulators can linger an entire career and not be accountable to the people during a half dozen election cycles. They are put above the Constitution and now are used by elected officials, to buffer themselves, from the consequences of decisions, that could backfire at election time, if they were still accountable.

For example, the various agencies connected to illegal immigration are not composed of elected officials. They are doing the bidding of the DNC and the Democrats; same philosophy. But since no Democrats has his or her name on any law, the DNC gets what they want, while being able to deny any connection to what is going on. Come elections they can act like innocent by standers and blame someone else; Trump, since there is no signature on paper; legal loophole. Now citizens need to sue making this very expensive so very few can do anything. It appears to be designed to be a lawyer paradise and not conducive to freedom but monarchy.

If the Supreme Court was to overturn the precedent, members of Congress would have to put their names on all laws and regulations, and not be buffered by the independent players, like Fauci and the CDC, composed of unelected officials, who can be used as scapegoats and then pardoned.

The "Swamp" is connected to this shadow branch go Government composed of career bureaucrats with unelected regulatory power, that is above the law, and is often continuous from election to election. It is most allied with the Democrat party, who is the party of regulations and rules, and acts as buffer to DNC accountability. The FBI was the buffer agency between Obama and Biden, spying on then candidate Trump. Some members took the heat, but nothing happens to the elected officials, since the leaders can lie and deny; legal bull crap.

If the Chevron Deference is overturned, expect a quantum drop in regulation until Congress becomes fully accountable. It may be a good idea to use that as a transition time, to simplify to the best core principles of all the agencies and then rebuild, adding accountability clauses such as agency term limited. This will shrink government and lower costs. However, it will cut into the Lawyer industry ,who will be expected to fight against the lost business of defending against the Swamp, while being an unaccountable part of the problem.

DEI is a government agency, that is partisan to the Left, and like a independent regulatory cancer needs containing, until Congress is accountable for their actions, based on signature votes that can be used at election time. No more hiding behind the swamp to pick pocket America.

It does make sense that in a representative democracy our representatives would be in charge of laws. They should be able to listen with an open mind to experts in the fields which they are regulating and come to intelligent, unbiased, and timely decisions through civil discourse and compromise.

<Looks at the House of Representatives>

Um...
 
Last edited:

Twilight Hue

Twilight, not bright nor dark, good nor bad.
The US Constitution states that Congress will be in charge of making laws. However, about 40 years ago the Supreme Court ruled in favor of Regulatory Agencies; like EPA, who are more specialized, could also regulations apart from Congress.



This is being challenged as Unconstitutional, since the Congress is not longer making the law, but the vast majority go of law is being created by those who were never specifically allowed to make laws in the Constitution.

The Constitution put Congress in charge of law making, thereby making those who make popular and/or unpopular laws, accountable to the people via elections. The Regulatory state is not elected, but appointed, and therefore law making is longer accountable to the people. The leaders of the Regulatory state are not elected, and you cannot fire anyone in Government. These regulators can linger an entire career and not be accountable to the people during a half dozen election cycles. They are put above the Constitution and now are used by elected officials, to buffer themselves, from the consequences of decisions, that could backfire at election time, if they were still accountable.

For example, the various agencies connected to illegal immigration are not composed of elected officials. They are doing the bidding of the DNC and the Democrats; same philosophy. But since no Democrats has his or her name on any law, the DNC gets what they want, while being able to deny any connection to what is going on. Come elections they can act like innocent by standers and blame someone else; Trump, since there is no signature on paper; legal loophole. Now citizens need to sue making this very expensive so very few can do anything. It appears to be designed to be a lawyer paradise and not conducive to freedom but monarchy.

If the Supreme Court was to overturn the precedent, members of Congress would have to put their names on all laws and regulations, and not be buffered by the independent players, like Fauci and the CDC, composed of unelected officials, who can be used as scapegoats and then pardoned.

The "Swamp" is connected to this shadow branch go Government composed of career bureaucrats with unelected regulatory power, that is above the law, and is often continuous from election to election. It is most allied with the Democrat party, who is the party of regulations and rules, and acts as buffer to DNC accountability. The FBI was the buffer agency between Obama and Biden, spying on then candidate Trump. Some members took the heat, but nothing happens to the elected officials, since the leaders can lie and deny; legal bull crap.

If the Chevron Deference is overturned, expect a quantum drop in regulation until Congress becomes fully accountable. It may be a good idea to use that as a transition time, to simplify to the best core principles of all the agencies and then rebuild, adding accountability clauses such as agency term limited. This will shrink government and lower costs. However, it will cut into the Lawyer industry ,who will be expected to fight against the lost business of defending against the Swamp, while being an unaccountable part of the problem.

DEI is a government agency, that is partisan to the Left, and like a independent regulatory cancer needs containing, until Congress is accountable for their actions, based on signature votes that can be used at election time. No more hiding behind the swamp to pick pocket America.
The left wing has never respected nor followed the Constitution from day one.

I don't expect them to start now.

Worst of it is they are not even being stopped, which is telling about how bad this country has declined.
 

wellwisher

Well-Known Member
The left wing has never respected nor followed the Constitution from day one.

I don't expect them to start now.

Worst of it is they are not even being stopped, which is telling about how bad this country has declined.
This all had to do with the regulatory state making laws faster than Congress could keep up. The Constitution never envisioned a Regulatory State as useful. For example, Congress already made a set of immigration laws years ago, that are still on the books. The Agencies now involved with immigration make new laws by the thousands each year and many conflict with the Constitutional laws on the book; by design or by default.

But since Congress is not doing its job of keeping up, unelected officials get the final say, until legal suits appear to slow it down. But often the damage is done and the unconstitutional laws remain; with no Congressional lead to fix the problem; million of undocumented immigrants. It is time to reel this in and treat regulatory law as invalid law; period, until Congress votes and it formally gets on record. The thieves of the night will resist since they need the agency buffer for plausible deniability.

The problem with this change, is the thousand pages of regulations written by legions of bureaucrats in a month, for one Agency, would take Congress 100 times as long to discuss, debate and approve. This would slow the rate of new laws, needed to game the system with conflict and confusion. Slow may be good.

It may also be necessary to forget about the original 1940's foundation of all the Agencies, and work on a 21st century foundation that can stay compact, yet be able to meet needs of Congress, working in a timely manner; restructuring of Government Agencies; more lean meat and less fat and gristle.

Trump may be useful for that end, since he had this vision since before 2016. The Supreme Court can make it a necessity. The current Agency model is too convoluted. This vision of Trump, explains the revolve of the Swamp to stop Trump, since such needed change would drain the swamp, so that dry land could appear, for setting the footings and cornerstones of a leaner Government of the people. Term limits on government works needs to be part of it; 7-8 years like a well liked President. A simpler but effective system will allow this get rid of the current cluttered house of mirrors and cards and still meet the needs of citizens. It is like fate.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
This all had to do with the regulatory state making laws faster than Congress could keep up. The Constitution never envisioned a Regulatory State as useful. For example, Congress already made a set of immigration laws years ago, that are still on the books. The Agencies now involved with immigration make new laws by the thousands each year and many conflict with the Constitutional laws on the book; by design or by default.

But since Congress is not doing its job of keeping up, unelected officials get the final say, until legal suits appear to slow it down. But often the damage is done and the unconstitutional laws remain; with no Congressional lead to fix the problem; million of undocumented immigrants. It is time to reel this in and treat regulatory law as invalid law; period, until Congress votes and it formally gets on record. The thieves of the night will resist since they need the agency buffer for plausible deniability.

The problem with this change, is the thousand pages of regulations written by legions of bureaucrats in a month, for one Agency, would take Congress 100 times as long to discuss, debate and approve. This would slow the rate of new laws, needed to game the system with conflict and confusion. Slow may be good.

It may also be necessary to forget about the original 1940's foundation of all the Agencies, and work on a 21st century foundation that can stay compact, yet be able to meet needs of Congress, working in a timely manner; restructuring of Government Agencies; more lean meat and less fat and gristle.

Trump may be useful for that end, since he had this vision since before 2016. The Supreme Court can make it a necessity. The current Agency model is too convoluted. This vision of Trump, explains the revolve of the Swamp to stop Trump, since such needed change would drain the swamp, so that dry land could appear, for setting the footings and cornerstones of a leaner Government of the people. Term limits on government works needs to be part of it; 7-8 years like a well liked President. A simpler but effective system will allow this get rid of the current cluttered house of mirrors and cards and still meet the needs of citizens. It is like fate.
One can only hope it's not already too late to repair all this damage and grief that the left wing has caused because you're not very far from having this democracy and its constitution dismantled and destroyed in exchange for a centralized one hive mind , one voice authoritarian party.

If you want to see your future, all you have to do is take a look at the People's Republic of New York and the People's Republic of California to see what this country will become if they have their way.




 
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