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Congress can't ban itself from doing something in the future. Well it could, but it could always repeal the law. But federal administrative regulations aren't
by rhino369 10y ago
Congress can't ban itself from doing something in the future. Well it could, but it could always repeal the law.
But federal administrative regulations aren't legislation created by congress. They are rule created by agencies. However, the agency must be granted that power by congress specifically.
The FCC can make rules about telecommunication because congress gave them the power to regulate telecommunications and it gave them guidelines for the type of rules they can make. This proposed change would edit the scope of the agencies authority.
Completely legal.
- tclancy 10y ago>Congress can't ban itself from doing something in the future. You'd like to think that, but then you discover the Congressional Review Act: https://en.wikipedia.org/wiki/Congressional_Review_Act https://en.wikipedia.org/wiki/Congressional_Review_Act. 'Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same, "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule" (5 U.S. Code § 801(b)(2)). Congress has a window of time lasting 60 legislative days (i.e., days that the U.S. Congress is actually in session, rather than calendar days) to disapprove of any given rule; otherwise the rule will go into effect at the end of this period.' It had been used once prior to this administration/ Congress.
- d0lph 10y agoTo go further though, couldn't you repeal that bit?