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 Post subject: Re: What is trumpf up to ?
PostPosted: Thu Sep 28, 2017 6:41 pm 
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Now this is interesting ... hussein had his pen ... but apparently trumpf has found his "rule destroyer" ...

https://en.wikipedia.org/wiki/Congressional_Review_Act

Quote:
... The Congressional Review Act (CRA) is a law that was enacted by the United States Congress under House Speaker Newt Gingrich as Section 251 of the Contract with America Advancement Act of 1996 (Pub.L. 104–121) and signed into law by President Bill Clinton on March 29, 1996.


Quote:
... Despite its passage in 1996, the Congressional Review Act was not used to send any resolutions of disapproval to the President's desk during the remainder of the presidency of Bill Clinton. President George W. Bush signed the only resolution of disapproval sent to him by Congress. Congress passed five resolutions of disapproval during the presidency of Barack Obama, but he vetoed all of them. In the first four months of his term, President Donald Trump signed fourteen resolutions of disapproval into law. At the White House, Andrew Bremberg, Marc Short, and Rick Dearborn coordinated with aides of Senator Mitch McConnell to use the CRA, creating an Excel spreadsheet of target regulations, eventually being able to eliminate over twice as many as they had anticipated.


Blow up all those rules! The agencies should not have law making ability ... blow up all the rules ...

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 1:44 pm 
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jwilkerson wrote:

Blow up all those rules! The agencies should not have law making ability ... blow up all the rules ...


Damn straight.

Agencies, Bureaus, etc, and their non-elected appointees, shouldn't be allowed to create laws or restrictions. Abomination.

The judicial system also needs to be kept in check from doing so.

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 1:52 pm 
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jwilkerson wrote:
Now this is interesting ... hussein had his pen ... but apparently trumpf has found his "rule destroyer" ...

https://en.wikipedia.org/wiki/Congressional_Review_Act

Quote:
... The Congressional Review Act (CRA) is a law that was enacted by the United States Congress under House Speaker Newt Gingrich as Section 251 of the Contract with America Advancement Act of 1996 (Pub.L. 104–121) and signed into law by President Bill Clinton on March 29, 1996.


Quote:
... Despite its passage in 1996, the Congressional Review Act was not used to send any resolutions of disapproval to the President's desk during the remainder of the presidency of Bill Clinton. President George W. Bush signed the only resolution of disapproval sent to him by Congress. Congress passed five resolutions of disapproval during the presidency of Barack Obama, but he vetoed all of them. In the first four months of his term, President Donald Trump signed fourteen resolutions of disapproval into law. At the White House, Andrew Bremberg, Marc Short, and Rick Dearborn coordinated with aides of Senator Mitch McConnell to use the CRA, creating an Excel spreadsheet of target regulations, eventually being able to eliminate over twice as many as they had anticipated.


Blow up all those rules! The agencies should not have law making ability ... blow up all the rules ...



Wow, that was quite a brilliant idea of Ginrich.

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 2:30 pm 
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It would be more brilliant if Congress removed the agency law making power directly then no need to go back and review the laws (er rules) they would make. There would be non-such. Then Congress would be following the Constitution, which says they must make the laws ...

The idea of delegating law making ability seems dangerous to me ...

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 2:56 pm 
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jwilkerson wrote:
It would be more brilliant if Congress removed the agency law making power directly then no need to go back and review the laws (er rules) they would make. There would be non-such. Then Congress would be following the Constitution, which says they must make the laws ...

The idea of delegating law making ability seems dangerous to me ...



Yes. Quite an abdication. It is common now to include language such as "as the Secretary shall deem necessary".

In fairness, everything is so bloody complicated it is almost impossible. Imagine a tax reform package where they had to secifiy how much to allow for used underwear donations (like Bill Clinton cliamed). :lol:

On the other hand, the idea that the DOJ could just make shit up on a major law like Title IX and invent new protected classes is ridiciulous.

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 4:35 pm 
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jwilkerson wrote:
It would be more brilliant if Congress removed the agency law making power directly then no need to go back and review the laws (er rules) they would make. There would be non-such. Then Congress would be following the Constitution, which says they must make the laws ...

The idea of delegating law making ability seems dangerous to me ...


The sad fact of it is that Congress would not have the time, nor the expertise to make the rules for the laws that they pass.
Some laws (passed bills) run into the hundreds of pages long. The rules that are put out to support those laws are much longer.

Furthermore, most Congressman don't have the knowledge or expertise to create those rules. There are some subjects that are very complicated and generally you need some expertise in order to understand the subject and to create those rules.

(and I would agree with what I suspect your sentiment is "If they are too complicated then maybe they should not be passed. I wish it was that simple. :( )

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 4:51 pm 
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Quote:
... The sad fact of it is that Congress would not have the time, nor the expertise to make the rules for the laws that they pass. ...


Then we don't need 'em ...

The original idea was a few farmers, with the larger estates might be able to afford a week or two off each year to ride their buggies up to Washington and have a chat with each other and see if anything needed fixin'.
Now if there was a real war, they would need to meet more often, but otherwise ... just sort of a check in.
That's the sort of federali gubermint I can get behind ... Do what you need to do in war time, but in peace time, leave it alone.

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 5:40 pm 
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jwilkerson wrote:
Quote:
... The sad fact of it is that Congress would not have the time, nor the expertise to make the rules for the laws that they pass. ...


Then we don't need 'em ...

The original idea was a few farmers, with the larger estates might be able to afford a week or two off each year to ride their buggies up to Washington and have a chat with each other and see if anything needed fixin'.
Now if there was a real war, they would need to meet more often, but otherwise ... just sort of a check in.
That's the sort of federali gubermint I can get behind ... Do what you need to do in war time, but in peace time, leave it alone.


My bold emphasis above.


I wish that it was that simple....but it's not.

There are some things that are complicated....but necessary in today's world.

There are federal laws that involve health and safety issues.

We have laws around the making of pharmaceuticals. Drugs are a very complicated thing.
Yes, Congress could pass a law saying "Drugs must be safe", but how many Congressman do you think there are that have a background in pharmacology who could write the rules governing the research, implementation and sale of drugs? I doubt that there are more than 1 or 2 Congressman who have that expertise.

There are laws around safety with things like airplanes, autos. trains.
I believe that while Congressman are able to write laws for the building and use of these products, I wouldn't feel confident with them having the expertise necessary to write the rules to implement those laws. I trust Congress enough to make a saw that says (for example) 'planes must be flown in safe manner' but I doubt there are more than a handful of Congressmen that could write the rules saying what sort of maintenance standards must be followed, what sort of qualifications a pilot should have, etc.

From my background in the financial services/banking industry, there are all sorts of laws and rules around things like mortgages, annuities, credit cards, even ATM machines.
There are many in Congress that have no clue around how some of those products work.
Yes, they could pass a general law around the topic but I doubt that the average Congressman has a deep understanding of how these products work that would enable them to create the rules needed to implement those laws.

Those are just a few examples.

The world is a bit more complicated today than it was when Congressmen would ride their buggies up to Washington.

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 5:50 pm 
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I don't think the agencies have such "expertise" either ... :)

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 Post subject: Re: What is trumpf up to ?
PostPosted: Fri Sep 29, 2017 6:14 pm 
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jwilkerson wrote:
I don't think the agencies have such "expertise" either ... :)


I would agree that some (or even many) agencies that have abused the rulemaking authority or exceeded what they should be doing.

And its not necessarily a matter of an agency lacking expertise.
Agencies are made up of many people, some of them experts in what they do, and other are "political" creatures.
It is often these political creatures that drive the abuses that some of these agencies have done.

For many things, if would not be practical to remove the rulemaking authority from these agencies.
You can perhaps improve things by reducing the influence of the "political creatures" and not the experts.

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