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(Slate)   Conservatives suddenly care about the limits of executive power again   (slate.com) divider line
    More: Obvious, Air pollution, United States Environmental Protection Agency, Law, conservative justices, Supreme Court of the United States, Joe Biden, John G. Roberts, nondelegation doctrine  
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2702 clicks; posted to Politics » on 02 Dec 2020 at 1:30 AM (6 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



27 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest
 
2020-12-01 8:59:00 PM  
Well, duh. Can't have those Democrats doing stuff like getting the budget back under control or regulations actually working. Sheesh, you Libs and your ideas...
 
2020-12-01 10:37:08 PM  
Born again virgins.
 
2020-12-01 11:12:41 PM  
Good.  4 years too late.
 
2020-12-02 12:49:40 AM  
FTFA: "In 1963, Congress ordered the EPA to regulate air quality standards..."

No, it didn't. The EPA didn't exist in 1963. Not till 1970.
 
2020-12-02 1:33:44 AM  
Shiat like this reminds me of why I quit being a libertarian. I got into libertarianism 'cause I was concerned about Bush expanding the executive branch's power. I left libertarianism when I realized other libertarians were more concerned about the age of consent being too high, and black people getting entitlements.
 
2020-12-02 1:37:29 AM  

johnny_vegas: Good.  4 years too late.


It's good on paper, but in reality, it's still typical Republican shiat.

The only ways Biden is going to get ANYTHING done is through EOs and maybe taking the Senate and managing to get the filibuster killed. Republicans don't want him to get anything done, so they can run on him being a 'do-nothing Democrat' in 2022. They don't care that millions of Americans will get farked, many of them fatally, because they will blame it all on Biden.

Republicans are terrorists. They're the embodiment of the kind of blatant, systemic corruption that gets people to support government purges.
 
2020-12-02 1:38:13 AM  
The GOP is going to throw up every roadblock they can for the next 4 years, they are going to make sure People die, and suffer.
 
2020-12-02 1:50:56 AM  

johnny_vegas: Good.  4 years too late.


Not really. Basically, the nondelegation doctrine allows Congress to say "We order the EPA to get bleach out of all the rivers" and then the EPA writes a rule saying the maximum amount of sodium hypochlorite a shirt factory can spit into the river is 3 mgd/day. Agency rulemaking is a great idea because the numbskulls in Congress have no idea what the fark any of that means and neither do any of the judges who would be forced to interpret Congress's river bleach ban if not for the agencies.
 
2020-12-02 1:53:55 AM  
would be ashame... if....you know......... stuff
 
2020-12-02 1:54:43 AM  

moothemagiccow: johnny_vegas: Good.  4 years too late.

Not really. Basically, the nondelegation doctrine allows Congress to say "We order the EPA to get bleach out of all the rivers" and then the EPA writes a rule saying the maximum amount of sodium hypochlorite a shirt factory can spit into the river is 3 mgd/day. Agency rulemaking is a great idea because the numbskulls in Congress have no idea what the fark any of that means and neither do any of the judges who would be forced to interpret Congress's river bleach ban if not for the agencies.


This implies agencies are operating in public interest.
 
2020-12-02 1:57:19 AM  
Nope. Not until we get ours, plus interest.

/dems will be legit the dumbest mofos ever if they don't leverage this opportunity to curbstomp gop policy into hades
 
2020-12-02 1:59:31 AM  

MattytheMouse: Shiat like this reminds me of why I quit being a libertarian. I got into libertarianism 'cause I was concerned about Bush expanding the executive branch's power. I left libertarianism when I realized other libertarians were more concerned about the age of consent being too high, and black people getting entitlements.


I got out after about two weeks, after smelling this one dude two meetings in a row. God he was disgusting and he actually believed that he had a fundamental right to be a walking pollutant, and occupy small spaces.
 
2020-12-02 2:01:31 AM  
President Obama Meets with the GOP - Key & Peele
Youtube B46km4V0CMY
 
2020-12-02 2:26:45 AM  

MattytheMouse: Shiat like this reminds me of why I quit being a libertarian. I got into libertarianism 'cause I was concerned about Bush expanding the executive branch's power. I left libertarianism when I realized other libertarians were more concerned about the age of consent being too high, and black people getting entitlements.


And that their, "you can do what you want.." doesn't apply to you because your a furry and that's
"morally wrong" to them...I mean it's all freedom and gunz until the collective hive mind of these
freedom talking people is "morally offended" by things that you do in private, or what medical procedure
you have, or how dark your skin is relative to the time of day and their anger level, etc.. etc..
 
2020-12-02 2:41:52 AM  
I'm already worried Mitch will sit on literally every attempt to confirm every Biden appointee from the cabinet down to the janitors.
 
2020-12-02 2:45:34 AM  

Any Pie Left: I'm already worried Mitch will sit on literally every attempt to confirm every Biden appointee from the cabinet down to the janitors.


Then he'll admit it and laugh out loud about it in a fox news interview.

Again
 
2020-12-02 2:55:22 AM  
Then we will just have to defund all the security for the court system first.  They want to do this then I want Congress to argue over every single guard in every single court while they see cases.

I have so little respect for this court it is not even funny.  The court has been used to stop progress in this country for at least 150 years.
 
2020-12-02 2:56:11 AM  

Any Pie Left: I'm already worried Mitch will sit on literally every attempt to confirm every Biden appointee from the cabinet down to the janitors.


He's gotta go home some time.
 
2020-12-02 3:43:49 AM  
Let Congress delegate within strict limits but then have Congress approve or is approve final proposed rule. EOscare a dangerous and undemocratic
tool
 
2020-12-02 4:00:50 AM  

Any Pie Left: I'm already worried Mitch will sit on literally every attempt to confirm every Biden appointee from the cabinet down to the janitors.


Which is why Georgia is so important.
 
2020-12-02 4:33:30 AM  

gameshowhost: Nope. Not until we get ours, plus interest.

/dems will be legit the dumbest mofos ever if they don't leverage this opportunity to curbstomp gop policy into hades


So...expect no use of leverage then?

/they aren't stupid, just either criminally naive or paid to lose.
//probably some of both
 
2020-12-02 6:55:41 AM  
Democrats suddenly think executive orders are just fine again.
 
2020-12-02 7:47:09 AM  
Different set of rules for Democrats and Republicans. Sure sounds like an illegitimate partisan organization.
 
2020-12-02 8:06:54 AM  

MattytheMouse: Shiat like this reminds me of why I quit being a libertarian. I got into libertarianism 'cause I was concerned about Bush expanding the executive branch's power. I left libertarianism when I realized other libertarians were more concerned about the age of consent being too high, and black people getting entitlements.


i2.wp.comView Full Size
 
2020-12-02 9:58:58 AM  

moothemagiccow: johnny_vegas: Good.  4 years too late.

Not really. Basically, the nondelegation doctrine allows Congress to say "We order the EPA to get bleach out of all the rivers" and then the EPA writes a rule saying the maximum amount of sodium hypochlorite a shirt factory can spit into the river is 3 mgd/day. Agency rulemaking is a great idea because the numbskulls in Congress have no idea what the fark any of that means and neither do any of the judges who would be forced to interpret Congress's river bleach ban if not for the agencies.


Thats actually the chevron doctrine.

Non-delegation is same thing for the executive branch.

They're looking to get rid of both....  but they weren't as blatant about the non-delegation until it was clear Biden won.

Watch c-span of the final day of Amy Coney Barret hearings before she was approved.  Senator after senator came up talking about what an abomination chevron is.

Now that their guy has lost they suddenly... more openly, care about non-delegation.
 
2020-12-02 12:03:40 PM  

dkulprit: Thats actually the chevron doctrine.


No it's not. The Chevron doctrine is an interpretation of the administrative procedure act that instructs courts to defer to reasonable agency interpretations of ambiguous statutes.

Non-delegation is same thing for the executive branch.

What do you think the EPA is part of?
 
2020-12-02 1:20:34 PM  

moothemagiccow: dkulprit: Thats actually the chevron doctrine.

No it's not. The Chevron doctrine is an interpretation of the administrative procedure act that instructs courts to defer to reasonable agency interpretations of ambiguous statutes.

Non-delegation is same thing for the executive branch.

What do you think the EPA is part of?


Chevron doctrine is allowing congress to delegate things to other branches of the administration, like the EPA.  Which means congress can say "we don't need to make specific laws on what chemicals are banned in drinking water, the EPA can create guidelines and regulations because they are the experts."

Non-delegation is that Congress cannot give up it's legislating powers to another branch, IE have president make the laws or order the EPA to do something.  So president can't guide what regulations the EPA comes up with, only congress can tell the EPA to come up with guidelines (see Chevron) and then sign them into law.

They are very similar and cover similar ground.  So congress can give the EPA carte blanche to come up with regulations for the environment, but they cannot legislate it, that is up to congress through chevron deference.  But non-delegation prevents anyone but congress the ability to draft said legislation, so Biden wouldn't be able to tell EPA to draft up his new green deal lite.

https://www.law.cornell.edu/wex/chevr​o​n_deference

https://scholarship.law.upenn.edu/cgi​/​viewcontent.cgi?referer=https://www.go​ogle.com/&httpsredir=1&article=9565&co​ntext=penn_law_review
 
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