Executive Order Creates Political Officers for all US Regulatory Agencies

[Kuciwalker]

There's a clause in Article 1 Section 3 you might have heard of:

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

[DinoDoc]

I was wondering if there was a better answer to the question Berz asked than what was given earlier.

[Zkribbler]

It says "laws" not "rules."

[Kuciwalker]

Which Congress does. It passes a law allowing a portion of the bureaucracy to make the rules necessary to carry out the will of Congress... duh.

[LordShiva]

Why are there no interesting threads today?

[Drake Tungsten]

Poly never has interesting threads anymore. You gotta learn to make your own fun.

[Rufus T. Firefly]

Originally posted by Drake Tungsten
I'm surprised that the executive branch didn't have more control over these regulatory agencies before this directive.

They did, in the sense that the civil service is largely an executive branch entity. What this does is transfer power from civil service appointees to political appointees.

In a perfect world, the civil service would be full of thoughtful civil servants whose years of experience is put to excellent use by themselves and their institutiuons; and political appointees would be wise men and women from outside of government, filled with high-minded public spirit and eager to bring their expertise to bear for the sake of the public good. Under those circumstances, the citizenry wins no matter what.

Realistically, though, what this does is transfer power from apparatchiks to cronies. I refuse to spoil my day by contemplating which is worse.

But if I have to chose, I would remind you that this is the path to more power for the Michael "Heck of a job" Browns of the world.

[Zkribbler]

Originally posted by Rufus T. Firefly


Realistically, though, what this does is transfer power from apparatchiks to cronies. I refuse to spoil my day by contemplating which is worse.

Cronies is worse (Now, you can take the rest of the day off )

[Drake Tungsten]

Realistically, though, what this does is transfer power from apparatchiks to cronies. I refuse to spoil my day by contemplating which is worse.

But if I have to chose, I would remind you that this is the path to more power for the Michael "Heck of a job" Browns of the world.

At least Brown and cronies like him are gone once their poltical patrons are out of office. How do you get rid of apparatchiks?

[Rufus T. Firefly]

Originally posted by Drake Tungsten

Realistically, though, what this does is transfer power from apparatchiks to cronies. I refuse to spoil my day by contemplating which is worse.

But if I have to chose, I would remind you that this is the path to more power for the Michael "Heck of a job" Browns of the world.

At least Brown and cronies like him are gone once their poltical patrons are out of office. How do you get rid of apparatchiks?

You can't; it's true. Unfortunately, Browns tend to be replaced by other Browns. So the choices are entrenched bureaucratic indifference or a revolving door of ideologically-loaded incompetence. Ain't democracy grand?

[Berzerker]

You are nucking futs. The constitution explisitely gives Congress the sole powers to declare war and make peace.

Making peace is a bit more complicated, I imagine that would mean a treaty and the Prez negotiates treaties on behalf of the Senate.

Thx Dino & KH

While this is technically true, the SCotUS has seen fit to allow bureaucrats considerable latitude in their application of the law. Many regulations are not spelled out in detail in legislation...

I believe the courts have decided the "necessary and proper" clause allows this transfer of power from Congress to bureaucrats under the executive branch. It became necessary when slimey politicians found a way to write laws and blame others (those damn bureaucrats) for the consequences, or to save time The fact is Congress couldn't write all these laws because they're doing way more than they're supposed to under the Constitution.

I'm surprised that the executive branch didn't have more control over these regulatory agencies before this directive.

Me too, the Prez executes the laws and these agencies exist for that purpose.

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Yup, thats the loophole. It doesn't say Congress can empower bureaucrats to write these necessary and proper laws.

[Kuciwalker]

The fact is Congress couldn't write all these laws because they're doing way more than they're supposed to under the Constitution.

The fact is they couldn't write the them all because they don't have the technical expertise to do so.

[Berzerker]

They can hire people to advise on technical matters, that would be a law necessary and proper to exercising their constitutional powers. They cannot hire people to write laws for them...

[chequita guevara]

Originally posted by Sava
It's times like these when I start to think the second amendment is a very good thing.

We could never defeat our own government with guns. IEDs, on the other hand, seem to be the weapon of the future. Send some guys over to Iraq to learn how to make them. They've got a new IED that the military is called an EFP, IIRC, Effective Formed Projective. Basically it's a shaped IED with a metal cap. The explosion liquefies the metal, which can penetrate up to four inches of armor 300 years away. The U.S. has nothing that can stop that aside from early detection of the bomb. Not even an Abrams frontal armor according to the article I read.

Do you think the 2nd Amendment gives us the right to make those?

[Kuciwalker]

They've got a new IED that the military is called an EFP, IIRC, Effective Formed Projective. Basically it's a shaped IED with a metal cap. The explosion liquefies the metal, which can penetrate up to four inches of armor 300 years away.