I think so, Brain … but is that a legal use of tapioca?
I think so, Brain … but will the EPA let you do that with papayas and brake fluid?
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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