I think so, Brain … but who provides the backup for the Department of Redundancy Department?
I think so, Brain … but wouldn’t it require approvals from the USDA, the FDA, the EPA, and OSHA to start the production line for a new alphabet soup recipe?
I think so, Brain … but why do the blue states have the most red tape?
I think so, Brain … but if God intended folks to fly, what is the TSA doing in the way?
I think so, Brain … but is that legal to do with peanut butter … and would both the ATF and the EPA cooperate?
Politico has a post up about how some bureaucrats and former bureaucrats are upset with Congress reviewing and repealing regulations under the Congressional Review Act of 1996. Toward the end of the post it has a quote from one of the regulators that shows his upside-down view of the constitution.
“I believe there’s a good chance that, in a legal challenge, that a court will overturn Congress’ actions here as an unconstitutional usurpation of the executive branch’s powers,” he said.
Uh, no. The ability of the bureaucrats to regulate does not generally flow from the President’s powers under Article II. It’s is generally derived from Congress delegating it’s Article I powers to the Executive Branch. What Congress can delegate, it can take back.
When Congress was not passing legislation to support his attempt at fundamental transformation of America, Barack Obama famously said that he would use his pen and his phone to bring changes through regulation. President Trump also has a pen, and he has already begun to use it. One of the results of his penmanship will be the need for bureaucrats to undo some of what has been done in the past.
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