The conservative justices are risking America's democracy by pushing their ideological notions about the ideal structure of government at a perilous moment
you are part of the problem. Since I was brought up not to hate people, I will refrain from wishing upon you exactly what you deserve from your fascist regime.
I have sympathy for that. Trouble is that this Congress is so in thrall of this president that it will not take back its powers. So this is not the time for SCOTUS to be handing the POTUS more powers, especially a rogue one.
So, the Legislative, the Executive, and the Judicial make up the entirety of the government. The legislative creates laws, within the wording of the constitution, the executive executes them, again within the bounds of the constitution, and the judicial determines whether either of those are acting within the bound of said constitution. There is no fourth branch of unelected technocrats to manage extra executive departments, which is what you are asking for.
The tyranny here was in creating these supra-executive departments, where there is no one responsible to the will of the people. You might not like the decisions made by any given president, but it isn't up to you to decide what is good and right.
omg you entirely missed the point of what a "constitutional republic" that is (yes, truly) also a democracy is about, didn't you? WE THE PEOPLE decide what is "good and right"; the suits in the 3 branches of govt are (supposed to be) accountable to us.
Instead the fascist maga gop (these people are not Republicans and they are in no way "conservative") are beholden to their lien-holders, foreign and domestic.
The decisions as to what is 'good and right' are absolutely ours to make, as defined in our Declaration of Independence and our Constitution, by way of our Congress, Executive and Judicial branches. Above all, our Tenth Amendment limits their powers and authorities to those delegated by the Constitution. All others belong to us, the people.
Poorly phrased on my part. I was referring to creating ex-constitutional agencies that are designed to escape the will of the people via the elected executive.
Yes. rulemaking is an extension of lawmaking, and is Congress' duty. The President only executes according to the law. The way to solve this: all agency rules get rolled up into at least annual omnibus legislation, which must be passed by Congress and signed the President before they take effect. Perhaps on a per-agency basis.
Agreed; rule-making is an extension of law-making. The problem is that the Constitution set aside all law-making to Congress, not to any part of the Executive branch. This would make those administrative agencies a part of the Legislative branch instead of the Executive branch. Or the alternative is that within the Executive branch, they would be forbidden from making any rules. They can't both make rules and enforce rules, if there is a proper separation of powers as outlined in the Constitution. Additionally, many have their own courts within their agency, which crosses over into the Judicial branch.
Every part of these administrative agencies is a usurpation of the Constitution.
It is what the Constitution allows and has always allowed. The accommodations reached by past administrations were always at risk of this happening. The fact that no one took seriously for decades that the US Constitution is not a living document, and not open for reinterpretation on a whim, is the only thing surprising here. The US needs to update the Constitution and there is no shortcut.
https://open.substack.com/pub/rayschrab/p/a-modest-proposal-re-supreme-court-cd5?utm_source=share&utm_medium=android&r=2oskfi
The Roberts fascist 5 (6?) of scotus aren't "risking democracy" -- the end of the rule of law (for ordinary people) and of democracy is the goal.
The President should have EVERY power to fire agency heads! Dismantle the deep state!
And you object to that?
you are part of the problem. Since I was brought up not to hate people, I will refrain from wishing upon you exactly what you deserve from your fascist regime.
Congress should NEVER give any of their Constitutional powers to agencies the President controls.
I have sympathy for that. Trouble is that this Congress is so in thrall of this president that it will not take back its powers. So this is not the time for SCOTUS to be handing the POTUS more powers, especially a rogue one.
There's no good time for it.
So, the Legislative, the Executive, and the Judicial make up the entirety of the government. The legislative creates laws, within the wording of the constitution, the executive executes them, again within the bounds of the constitution, and the judicial determines whether either of those are acting within the bound of said constitution. There is no fourth branch of unelected technocrats to manage extra executive departments, which is what you are asking for.
The tyranny here was in creating these supra-executive departments, where there is no one responsible to the will of the people. You might not like the decisions made by any given president, but it isn't up to you to decide what is good and right.
omg you entirely missed the point of what a "constitutional republic" that is (yes, truly) also a democracy is about, didn't you? WE THE PEOPLE decide what is "good and right"; the suits in the 3 branches of govt are (supposed to be) accountable to us.
Instead the fascist maga gop (these people are not Republicans and they are in no way "conservative") are beholden to their lien-holders, foreign and domestic.
The decisions as to what is 'good and right' are absolutely ours to make, as defined in our Declaration of Independence and our Constitution, by way of our Congress, Executive and Judicial branches. Above all, our Tenth Amendment limits their powers and authorities to those delegated by the Constitution. All others belong to us, the people.
Poorly phrased on my part. I was referring to creating ex-constitutional agencies that are designed to escape the will of the people via the elected executive.
Thanks. Well put.
Yes. rulemaking is an extension of lawmaking, and is Congress' duty. The President only executes according to the law. The way to solve this: all agency rules get rolled up into at least annual omnibus legislation, which must be passed by Congress and signed the President before they take effect. Perhaps on a per-agency basis.
Agreed; rule-making is an extension of law-making. The problem is that the Constitution set aside all law-making to Congress, not to any part of the Executive branch. This would make those administrative agencies a part of the Legislative branch instead of the Executive branch. Or the alternative is that within the Executive branch, they would be forbidden from making any rules. They can't both make rules and enforce rules, if there is a proper separation of powers as outlined in the Constitution. Additionally, many have their own courts within their agency, which crosses over into the Judicial branch.
Every part of these administrative agencies is a usurpation of the Constitution.
bless your heart. (Searches for "ignore" button.) Bye!
It is what the Constitution allows and has always allowed. The accommodations reached by past administrations were always at risk of this happening. The fact that no one took seriously for decades that the US Constitution is not a living document, and not open for reinterpretation on a whim, is the only thing surprising here. The US needs to update the Constitution and there is no shortcut.