Somedays, I wish I was a lawyer – 4

(Haven’t done a lawyer post for a long time.)

Once again, the Democrats are planning on passing a massive piece of legislation without any of the preliminary conditions normally equated with bill passing.  Things like, oh…writing it first.  Basically they propose a bill with a catchy title like Employee Free Choice Act (that actually will eliminate most employees from having any choice at all).  They throw some boilerplate text behind the cover page full of compassionate, touchy feely nothingness.  They pass it.  And then their staffers proceed to write the bill that has already been made law, except that the contents of the bill will never be reviewed or debated before the American people start going to jail for not complying with it.

When the Republicans took control of Congress in ’94, one of the reforms they enacted was to actually write bills before presenting them.  Whoa.  What a novel concept.  Not surprisingly, now that the Democrats are back in power, they have returned to their old ways.  That creates yet another issue requiring a constitutional amendment because the people in Washington simply cannot be trusted with the power they have.

But wait!  There might be another approach!  One that doesn’t require another attempt to fix Congress by remote control through the Constitution.  One of the worst forms of legislation is laws that are enacted because the laws that already exist aren’t being enforced.  These types of laws probably fill miles of legal library shelf space and ya’ know what?  The new laws usually aren’t going to be enforced either.

This gets me back to being a lawyer.

Has anybody?…and this is mind befuddling to think somebody hasn’t already done this…challenged the constitutionality of a law that was written after it was voted on?  This seems like such a simple thing.  If a bill is voted on by a chamber of the Congress and then is changed, doesn’t that mean that the new bill didn’t get voted on?  Surely at least the changes are unconstitutional.

In fact…and there is considerable Supreme Court deciding that pertains to the proper delegation of authority…what if the entire act of delegating authority were challenged?  Heh?  The whole idea of delegating legislative authority to bureaucrats or 22 year old congressional staffers.  One of the greatest threats…not in the future “it might be a problem” way but in the “look at how much damage it has already done”…to the proper constitutional constraints of the federal government and therefore the liberty of the people (don’t I sound positively Jeffersonian?) is the delegation of legislative power to non-legislative regulatory agencies.  Regulations with the power to tax, confiscate property and deny personal liberties.  EVERY regulation proposed by regulatory bodies that apply outside the federal domain (that’s like outside the building not like everybody belongs to the federal government) should have to be approve by Congress because those regulations are, for all intents an purposes, laws.

“But all of this has been challenged before and the Supreme Court has sided with the regulators.”  Yeah, yeah.  And everything that can ever be invented has been invented.  Let’s hit the OverchargeReset button and challenge old decisions.  The case for the challenge is simply and based on information that was not available during the previous cases.  The history of abusive, badly conceived, ill thought regulations.


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