ATF. EPA. FDA. CDC. and more. Hopefully this ruling will roll back bad policy (doubtful) and not just forward-going efforts. It might account for the massive recent ramp up of anti-gun policies before the ruling came out.
"As The World Turns" ----scarier and scarier. This is an absolutely horrible new reversal of the law. The Supreme Court is pushing the envelope towards more power and control than ever. As if R v W wasn't bad enough. It's going to have disturbing consequnces for every average citizen.
Since when is telling unelected bureaucrats they cannot make law a case of making law? Since when does it increase SCOTUS' power? That requires some SERIOUS explanation! Do you really ENJOY breaking three government regulations before you even get out of bed in the morning? How can you sleep at night, knowing they could indict you for violating some rule in a set of books of many volumes that you will never read?
This one? "I like your comment ( representing the bad experiences of many ) as the basis for a needed new federal law:
"There should be a federal law obligating federal agencies to inform different business types of federal regulations that they should know about; ! Please write you U.S. Representative and your 2 U.S. Senators, if you would;"
OK, here's the problem. These regulations shouldn't exist in the first place. Merely knowing about them won't mean that they are workable. I firmly believe that there should be NO regulation which was not PASSED BY CONGRESS. And no bill under consideration by Congress should be longer than the Constitution, nor should irrelevant amendments be permitted. If a bill contains ONE bad provision, everyone should vote against it. We are being enslaved because these limitations are not in place. Furthermore, the government should not be keeping the restitution which is owed to the actual victim of a tort. As things stand now, the government gets the fine, and the victim is left with no compensation for the harm done. If there is no victim, there should be no punishment, no restitution, no fine.
In other words, we need major reforms. Simply telling people about the bars of their prison solves nothing.
Notwithstanding: Notice of governmental action is one of the basic requirements of due process (e.g., 5th Amendment, right to not be deprived of life, liberty [as widely defined], or property, without due process of law).
Governments have a legal obligation to try to reasonably inform people of non-obvious laws that affect them. [for example: there should be big signs upon exits from highways into N.Y. City streets, saying 'city speed limits are [25 mph, or 15 mph, or whatever], camera enforced $50 fines for violations'; instead of surprising visitors from outside N.Y. City with camera-generated tickets!. Do you agree? ]
And, if you and high percentages of citizens are 'afraid' or overly hesitant to ever write to your elected officials, then our democracy has bigger problems!!
You are zeroing in on my minor points and missing my major point. Bureaucrats have NO BUSINESS making regulations. PERIOD!
Once government gives you notice that is the start of a nightmare that is punishment in and of itself. The court system is so complicated, and the guarantee of justice so shaky, that people are deathly afraid of the courtroom. I am not one of them. I have represented myself in court and beaten the government. But I spent 2000 hours studying law to do so. What small business owner has that kind of time, or the skills to profit from research? Furthermore, they have to hire a lawyer and just the cost of defending themselves can destroy a small business. And for what? Because of a malum prohibitum. That's a thing that is illegal just because they said so. It's not WRONG, just illegal. In the vast majority of cases, no one has been harmed. If someone HAS been harmed, they don't get restitution. The government gets the compensation they should get. How can you possibly support a system like that?
THERE SHOULD BE NO SUCH THING AS TRAFFIC CAMERAS. They are a scam and they're there to MAKE MONEY, not promote safety. And they cannot legally collect fines from ANYONE, but most people don't know that. And there is a lot of corruption in the system. A sign that says, "We are going to entrap you if you exit the freeway into our city" is nothing desirable. You would do well to go to the National Motorist Association website and read what they have to say. I'll give you a hint. In order for a car and driver to stop safely, the amber light should stay on one second for every 10mph. In a 45mph zone, it should stay on for five seconds. And do you know what they do when they install a traffic camera? They DECREASE the amber light to 3 seconds. Why? So they can MAKE MONEY. I personally verified this in my own city. As long as there were traffic cameras, I took alternate routes. And my husband saw a gorgeous vintage car destroyed because IT stopped at a traffic light with a short amber, but the truck behind it didn't.
Chevron is reversed! This is a time for serious rejoicing! Bureaucrats have no business making rules AT ALL. That job belongs to CONGRESS ALONE. When bureaucrats do it, this violates separation of powers, and also the fact that only ELECTED OFFICIALS should make law. This is a wonderful improvement, but it doesn't go far enough. Give Congress back its job. ALL REGULATIONS should be passed by Congress. Just imagine the liberty that would be restored if this were done. Congressional bills should never be longer than the Constitution itself, and should not contain irrelevant amendments. Any bill which has one bad provision should be voted down. Democrats have been changing our country into one of slavery a little piece at a time through irrelevant provisions and amendments.
"Opponents, however, warn that this shift may lead to increased legal uncertainty and potentially hinder the efficient functioning of federal agencies tasked with implementing complex regulatory frameworks."
I think that's precisely the point. Our government has become very "efficient" in what they do best, i.e., violence and tyranny. We have an armed IRS now, for example. All of this is way off the rails and that "efficiency" has been *the* excuse for carte blanche tyrannical abuse.
It's those complex regulatory frameworks that, not only do you and I never get a vote on (in our "precious democracy"), but neither do our elected officials. Agencies like EPA, NHTSA, FDA, CDC , DHS, on and on, essentially issue diktats that drastically limit and shape our lives, our freedom, and our ability to pursue happiness. And they've done it in this manner specifically to avoid being accountable to the people or even having to worry about any legal repercussions for their malfeasance.
But undoubtedly, The Empire Strikes Back, i.e., these collections of unaccountable power will not take this laying down. I'm betting they are already figuring out ways to get around the ruling in order to keep it running like business as usual. They don't take "no" for an answer from anyone including the SCOTUS.
What this decision does is to require that an Agency doesn't 'own' the legal interpretation of what they can and cannot do under a Congressional law cited as the authority for their action.
But (I disagree concerning) alleging that when an Agency does have legal authority to make a regulation that the process is 'unfair' or 'dictatorial' or 'unaccountable'. Our federal Administrative Procedures Act, and federal rulemaking in the U.S. [under the APA], is one of the greatest participatory democracy institutions on this planet! [with the exception that agencies don't always satisfactorily conduct 'public outreach' to assure that virtually all significant categories of stakeholders to a proposed federal rule have a chance to file Public Comment, asserting their experience, and the potential impact of the proposed rule on them]. Federal rulemaking, when properly conducted, results in a regulation that serves the Public Interest, and attempts to fairly take into account legal-valid private interests. [to pollute the air, waters, or earth, are not legally-valid private interests; they must have limits which do not harm the quality of human or other life ] And very importantly, the A.P.A. provides court review of Agency final rules, and empowers Courts to hold as unlawful rulemaking which is arbitrary, capricious, unreasonable, unconstitutional, etc.. Many unfair federal rules have been stricken down, and many reasonably fair federal rules have been upheld, under the U.S. A.P.A..
Bureaucrats writing regulations is not an example of "the greatest participatory democracy institutions". Since when does the public have a real say at all when it's a bureaucrat making the rules? A citizen cannot fire a miscreant bureaucrat. The agencies should focus on making sure there is an actual victim, determining who that is, and collection restitution for the actual victim. Your earlier suggestion that they have to notify businesses of regulations would mean extra work for the agency above what they do now, and guess who gets to pay for it. The CITIZEN! Through taxes. Yes, there is Public Comment. I've often participated. Agencies don't listen. How could they? People disagree with each other. And who are they to determine what MY interest is? And what is this Public that has an interest? Some nebulous entity that isn't defined? There are not enough courts to address all the HARM done by regulations that shouldn't exist in the first place. Regulations are intended to prevent harm. Who says what harm is? Police give you a ticket (and you must bribe the government then to leave you alone) for doing something on the road that has harmed no one. If we placed the emphasis on actual harm, people would be more careful. They would have to be. If a person only received a ticket when forensics showed he caused an accident by violating some road sign, and then that person's insurance company didn't have to pay for damage to HIS car, don't you think people would be a lot more careful? The system as it is does nothing but enrich government at the expense of the citizens.
you wrote: "Your earlier suggestion that they have to notify businesses of regulations would mean extra work for the agency above what they do now, and guess who gets to pay for it."
Could be as easy as: after you form a business, or after you add a new product to your business: Go to a government website, called 'find regulations that might apply to my business'; Go thru a menu-driven questionnaire [like a menu-driven online federal (and state) income tax filing website], and you would receive a list of any relevant regulations, specific to your business type. No extra work for the agency after they have set up the menu driven software.
AND THEN: (in the real world) you would talk with (friendly) owners of similar businesses, or with retired similar-business 'executives' [e.g., SCORE ], and ask them about 'what government regulations apply to your business' [if they happen to be in compliance ...].
Again, you are zeroing in on one of my minor points and ignoring my major point. Bureaucrats have absolutely no business making regulations, EVER.
When someone is running a small business, typically he works 18 hours a day. When does he have time to go to a web site and do the kind of research you are suggesting? And what if he is no good a research? Most people are not good at research. When I first started trying to research law for myself, I hit a brick wall because I didn't know legalese, so I didn't know what terms to use for a search. I didn't know the books.
The system is PUNITIVE to people who do ordinary things. It is fatally flawed; it is tyranny. How can you even support such a system, and why do you expect me to argue the merits of a system that hasn't any merit at all?
Do you know that God made a rule: without the law there is no sin. So He gave us the Ten Commandments. TEN LAWS. He gave the Israelites 613 regulations. And to make sure that they knew what the law was, the leaders read all of the law to them every ten years.
Have you heard "Ignorance of the law is no excuse?" God CONDEMNS a thought like that. And He's just a bit smarter than we are. You, me, and the bureaucrats.
That's pretty much true of all government agencies. Until the power to make regulations is ended, there is no accountability, and they will continue to protect their own self interest.
I like your comment ( representing the bad experiences of many ) as the basis for a needed new federal law:
There should be a federal law obligating federal agencies to inform different business types of federal regulations that they should know about; ! Please write you U.S. Representative and your 2 U.S. Senators, if you would;
Congress: DO YOUR JOB
So fake pandemic directions might not happen again?
Anything from the corrupt government agencies can be challenged? Does it include all federal agencies like health issues from CDC?
Interesting question! I hope it fully hamstrings these agencies. They've got WAY too much power.
ATF. EPA. FDA. CDC. and more. Hopefully this ruling will roll back bad policy (doubtful) and not just forward-going efforts. It might account for the massive recent ramp up of anti-gun policies before the ruling came out.
Huge and interesting news! Thank you.
"As The World Turns" ----scarier and scarier. This is an absolutely horrible new reversal of the law. The Supreme Court is pushing the envelope towards more power and control than ever. As if R v W wasn't bad enough. It's going to have disturbing consequnces for every average citizen.
Since when is telling unelected bureaucrats they cannot make law a case of making law? Since when does it increase SCOTUS' power? That requires some SERIOUS explanation! Do you really ENJOY breaking three government regulations before you even get out of bed in the morning? How can you sleep at night, knowing they could indict you for violating some rule in a set of books of many volumes that you will never read?
[ see my mis-located comment below; ]
This one? "I like your comment ( representing the bad experiences of many ) as the basis for a needed new federal law:
"There should be a federal law obligating federal agencies to inform different business types of federal regulations that they should know about; ! Please write you U.S. Representative and your 2 U.S. Senators, if you would;"
OK, here's the problem. These regulations shouldn't exist in the first place. Merely knowing about them won't mean that they are workable. I firmly believe that there should be NO regulation which was not PASSED BY CONGRESS. And no bill under consideration by Congress should be longer than the Constitution, nor should irrelevant amendments be permitted. If a bill contains ONE bad provision, everyone should vote against it. We are being enslaved because these limitations are not in place. Furthermore, the government should not be keeping the restitution which is owed to the actual victim of a tort. As things stand now, the government gets the fine, and the victim is left with no compensation for the harm done. If there is no victim, there should be no punishment, no restitution, no fine.
In other words, we need major reforms. Simply telling people about the bars of their prison solves nothing.
Notwithstanding: Notice of governmental action is one of the basic requirements of due process (e.g., 5th Amendment, right to not be deprived of life, liberty [as widely defined], or property, without due process of law).
Governments have a legal obligation to try to reasonably inform people of non-obvious laws that affect them. [for example: there should be big signs upon exits from highways into N.Y. City streets, saying 'city speed limits are [25 mph, or 15 mph, or whatever], camera enforced $50 fines for violations'; instead of surprising visitors from outside N.Y. City with camera-generated tickets!. Do you agree? ]
And, if you and high percentages of citizens are 'afraid' or overly hesitant to ever write to your elected officials, then our democracy has bigger problems!!
You are zeroing in on my minor points and missing my major point. Bureaucrats have NO BUSINESS making regulations. PERIOD!
Once government gives you notice that is the start of a nightmare that is punishment in and of itself. The court system is so complicated, and the guarantee of justice so shaky, that people are deathly afraid of the courtroom. I am not one of them. I have represented myself in court and beaten the government. But I spent 2000 hours studying law to do so. What small business owner has that kind of time, or the skills to profit from research? Furthermore, they have to hire a lawyer and just the cost of defending themselves can destroy a small business. And for what? Because of a malum prohibitum. That's a thing that is illegal just because they said so. It's not WRONG, just illegal. In the vast majority of cases, no one has been harmed. If someone HAS been harmed, they don't get restitution. The government gets the compensation they should get. How can you possibly support a system like that?
THERE SHOULD BE NO SUCH THING AS TRAFFIC CAMERAS. They are a scam and they're there to MAKE MONEY, not promote safety. And they cannot legally collect fines from ANYONE, but most people don't know that. And there is a lot of corruption in the system. A sign that says, "We are going to entrap you if you exit the freeway into our city" is nothing desirable. You would do well to go to the National Motorist Association website and read what they have to say. I'll give you a hint. In order for a car and driver to stop safely, the amber light should stay on one second for every 10mph. In a 45mph zone, it should stay on for five seconds. And do you know what they do when they install a traffic camera? They DECREASE the amber light to 3 seconds. Why? So they can MAKE MONEY. I personally verified this in my own city. As long as there were traffic cameras, I took alternate routes. And my husband saw a gorgeous vintage car destroyed because IT stopped at a traffic light with a short amber, but the truck behind it didn't.
"Opponents, however, warn that this shift may... potentially hinder the efficient functioning of federal agencies " LMAO when I read that line.
I could not keep a straight face when I wrote it, but hey. It's true.
Chevron is reversed! This is a time for serious rejoicing! Bureaucrats have no business making rules AT ALL. That job belongs to CONGRESS ALONE. When bureaucrats do it, this violates separation of powers, and also the fact that only ELECTED OFFICIALS should make law. This is a wonderful improvement, but it doesn't go far enough. Give Congress back its job. ALL REGULATIONS should be passed by Congress. Just imagine the liberty that would be restored if this were done. Congressional bills should never be longer than the Constitution itself, and should not contain irrelevant amendments. Any bill which has one bad provision should be voted down. Democrats have been changing our country into one of slavery a little piece at a time through irrelevant provisions and amendments.
I want to pause and focus on this statement:
"Opponents, however, warn that this shift may lead to increased legal uncertainty and potentially hinder the efficient functioning of federal agencies tasked with implementing complex regulatory frameworks."
I think that's precisely the point. Our government has become very "efficient" in what they do best, i.e., violence and tyranny. We have an armed IRS now, for example. All of this is way off the rails and that "efficiency" has been *the* excuse for carte blanche tyrannical abuse.
It's those complex regulatory frameworks that, not only do you and I never get a vote on (in our "precious democracy"), but neither do our elected officials. Agencies like EPA, NHTSA, FDA, CDC , DHS, on and on, essentially issue diktats that drastically limit and shape our lives, our freedom, and our ability to pursue happiness. And they've done it in this manner specifically to avoid being accountable to the people or even having to worry about any legal repercussions for their malfeasance.
But undoubtedly, The Empire Strikes Back, i.e., these collections of unaccountable power will not take this laying down. I'm betting they are already figuring out ways to get around the ruling in order to keep it running like business as usual. They don't take "no" for an answer from anyone including the SCOTUS.
I partly (respectfully) disagree.
What this decision does is to require that an Agency doesn't 'own' the legal interpretation of what they can and cannot do under a Congressional law cited as the authority for their action.
But (I disagree concerning) alleging that when an Agency does have legal authority to make a regulation that the process is 'unfair' or 'dictatorial' or 'unaccountable'. Our federal Administrative Procedures Act, and federal rulemaking in the U.S. [under the APA], is one of the greatest participatory democracy institutions on this planet! [with the exception that agencies don't always satisfactorily conduct 'public outreach' to assure that virtually all significant categories of stakeholders to a proposed federal rule have a chance to file Public Comment, asserting their experience, and the potential impact of the proposed rule on them]. Federal rulemaking, when properly conducted, results in a regulation that serves the Public Interest, and attempts to fairly take into account legal-valid private interests. [to pollute the air, waters, or earth, are not legally-valid private interests; they must have limits which do not harm the quality of human or other life ] And very importantly, the A.P.A. provides court review of Agency final rules, and empowers Courts to hold as unlawful rulemaking which is arbitrary, capricious, unreasonable, unconstitutional, etc.. Many unfair federal rules have been stricken down, and many reasonably fair federal rules have been upheld, under the U.S. A.P.A..
Bureaucrats writing regulations is not an example of "the greatest participatory democracy institutions". Since when does the public have a real say at all when it's a bureaucrat making the rules? A citizen cannot fire a miscreant bureaucrat. The agencies should focus on making sure there is an actual victim, determining who that is, and collection restitution for the actual victim. Your earlier suggestion that they have to notify businesses of regulations would mean extra work for the agency above what they do now, and guess who gets to pay for it. The CITIZEN! Through taxes. Yes, there is Public Comment. I've often participated. Agencies don't listen. How could they? People disagree with each other. And who are they to determine what MY interest is? And what is this Public that has an interest? Some nebulous entity that isn't defined? There are not enough courts to address all the HARM done by regulations that shouldn't exist in the first place. Regulations are intended to prevent harm. Who says what harm is? Police give you a ticket (and you must bribe the government then to leave you alone) for doing something on the road that has harmed no one. If we placed the emphasis on actual harm, people would be more careful. They would have to be. If a person only received a ticket when forensics showed he caused an accident by violating some road sign, and then that person's insurance company didn't have to pay for damage to HIS car, don't you think people would be a lot more careful? The system as it is does nothing but enrich government at the expense of the citizens.
you wrote: "Your earlier suggestion that they have to notify businesses of regulations would mean extra work for the agency above what they do now, and guess who gets to pay for it."
Could be as easy as: after you form a business, or after you add a new product to your business: Go to a government website, called 'find regulations that might apply to my business'; Go thru a menu-driven questionnaire [like a menu-driven online federal (and state) income tax filing website], and you would receive a list of any relevant regulations, specific to your business type. No extra work for the agency after they have set up the menu driven software.
AND THEN: (in the real world) you would talk with (friendly) owners of similar businesses, or with retired similar-business 'executives' [e.g., SCORE ], and ask them about 'what government regulations apply to your business' [if they happen to be in compliance ...].
Again, you are zeroing in on one of my minor points and ignoring my major point. Bureaucrats have absolutely no business making regulations, EVER.
When someone is running a small business, typically he works 18 hours a day. When does he have time to go to a web site and do the kind of research you are suggesting? And what if he is no good a research? Most people are not good at research. When I first started trying to research law for myself, I hit a brick wall because I didn't know legalese, so I didn't know what terms to use for a search. I didn't know the books.
The system is PUNITIVE to people who do ordinary things. It is fatally flawed; it is tyranny. How can you even support such a system, and why do you expect me to argue the merits of a system that hasn't any merit at all?
Do you know that God made a rule: without the law there is no sin. So He gave us the Ten Commandments. TEN LAWS. He gave the Israelites 613 regulations. And to make sure that they knew what the law was, the leaders read all of the law to them every ten years.
Have you heard "Ignorance of the law is no excuse?" God CONDEMNS a thought like that. And He's just a bit smarter than we are. You, me, and the bureaucrats.
I would argue it also enriches (and protects) the industries it's supposed to regulate, at the expense of the citizens that it's supposed to protect.
That's pretty much true of all government agencies. Until the power to make regulations is ended, there is no accountability, and they will continue to protect their own self interest.
Indeed. And yes, I was referring to the entire "regulatory" agency machine.
Finally!!
I like your comment ( representing the bad experiences of many ) as the basis for a needed new federal law:
There should be a federal law obligating federal agencies to inform different business types of federal regulations that they should know about; ! Please write you U.S. Representative and your 2 U.S. Senators, if you would;