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Your 10A argument seems to imply they are not specifically laid out anywhere. That seems likely - at least until the EO defined those those responsibilities and
by WarOnPrivacy 5y ago
Your 10A argument seems to imply they are not specifically laid out anywhere. That seems likely - at least until the EO defined those those responsibilities and granted them to OSHA.
- josephcsible 5y agoAn executive order can't do that. The 10th Amendment says that only the Constitution itself can.
- WarOnPrivacy 5y agoAre you asserting that the 10A prevents OSHA from insuring that health safeguards are in place?
- josephcsible 5y agoYes. The right way to handle worker safety is the same way that we already handle electrical safety: each state independently chose to make the NEC the law.
- WarOnPrivacy 5y agoA decision that broadly strikes down OSHA's "reasonably necessary or appropriate" language would likely affect legal frameworks far beyond OSHA and cause many years of widespread chaos and uncertainty for businesses. This would seem to be why courts repeatedly show reluctance to do that.
- josephcsible 5y agoAre you saying that is a violation of the Constitution, but that we should just let it slide forever instead of ever enforcing it since violations of the Constitution are really common today?