4 ms·

Regulatory agencies or any centralized governance becomes a target. This is why constitutionally no such authority was ever given to the federal government to

Regulatory agencies or any centralized governance becomes a target. This is why constitutionally no such authority was ever given to the federal government to institute such agencies. Saying there is no meaningful distinction is truly disingenuous. Like saying there is no difference between a fresh apple and a rotten apple. Obviously there is and there are reasons as to why the different states exist. One state is extremely beneficial and the other state is not.

emodendroket 9y ago
If you have to have an analogy it's like comparing a tadpole and a frog.
boomboomsubban 9y ago
>This is why constitutionally no such authority was ever given to the federal government to institute such agencies. "[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Article 1, also allows for them to make laws ensuring they can execute that directive.
- 13years 9y ago
  Congress can pass laws, but not delegate that power to another entity.
  - Overtonwindow 9y ago
    I.e. The line item veto.
    - 13years 9y ago
      Yes, exactly. For reference. http://www.washingtonpost.com/wp-srv/national/longterm/supcourt/stories/wp062698.htm http://www.washingtonpost.com/wp-srv/national/longterm/supco...
  - dragonwriter 9y ago
    > Congress can pass laws, but not delegate that power to another entity. Congress can, however, make laws whose explicit terms make their effect contingent on external facts, including the actions of officers in particular executive-branch agencies.
dragonwriter 9y ago
> Regulatory agencies or any centralized governance becomes a target. This is why constitutionally no such authority was ever given to the federal government to institute such agencies. “Regulatory agencies” are simply a label for a subset of executive agencies defined by certain traits; I think it would be very hard to argue that the Necessary and Proper Clause does not authorize creating agencies with these traits as a means of exercise of Congress other enumerated powers.
- 13years 9y ago
  As you say, considering the clause is nothing but the authority to exercise the detail of existing powers http://tenthamendmentcenter.com/2014/09/03/necessary-and-proper-not-anything-and-everything/ http://tenthamendmentcenter.com/2014/09/03/necessary-and-pro... It would still be questionable that most regulation is actually within the enumerated powers. https://fee.org/articles/are-there-no-limits-to-federal-regulatory-power/ https://fee.org/articles/are-there-no-limits-to-federal-regu...

emodendroket 9y ago

If you have to have an analogy it's like comparing a tadpole and a frog.

boomboomsubban 9y ago

>This is why constitutionally no such authority was ever given to the federal government to institute such agencies. "[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Article 1, also allows for them to make laws ensuring they can execute that directive.

13years 9y ago
Congress can pass laws, but not delegate that power to another entity.
- Overtonwindow 9y ago
  I.e. The line item veto.
  - 13years 9y ago
    Yes, exactly. For reference. http://www.washingtonpost.com/wp-srv/national/longterm/supcourt/stories/wp062698.htm http://www.washingtonpost.com/wp-srv/national/longterm/supco...
- dragonwriter 9y ago
  > Congress can pass laws, but not delegate that power to another entity. Congress can, however, make laws whose explicit terms make their effect contingent on external facts, including the actions of officers in particular executive-branch agencies.

dragonwriter 9y ago

> Regulatory agencies or any centralized governance becomes a target. This is why constitutionally no such authority was ever given to the federal government to institute such agencies. “Regulatory agencies” are simply a label for a subset of executive agencies defined by certain traits; I think it would be very hard to argue that the Necessary and Proper Clause does not authorize creating agencies with these traits as a means of exercise of Congress other enumerated powers.

13years 9y ago
As you say, considering the clause is nothing but the authority to exercise the detail of existing powers http://tenthamendmentcenter.com/2014/09/03/necessary-and-proper-not-anything-and-everything/ http://tenthamendmentcenter.com/2014/09/03/necessary-and-pro... It would still be questionable that most regulation is actually within the enumerated powers. https://fee.org/articles/are-there-no-limits-to-federal-regulatory-power/ https://fee.org/articles/are-there-no-limits-to-federal-regu...