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> In effect, it would amount to a government whose regulatory framework is not controlled by the elected branches, but by the sole unelected one. How is the NR

> In effect, it would amount to a government whose regulatory framework is not controlled by the elected branches, but by the sole unelected one. How is the NRLB "controlled by elected branches" but judicial systems are not? Judges are appointed, not elected - actually, some lower court judges are elected. Same with the NRLB. It's just changing authority from one completely unelected branch of government to another branch that has a mix of elections and appointments.

woodruffw 3y ago
The NLRB is an independent agency of the US Government, which means that its power derives from the statutory authority of Congress. That's what makes it controlled by one of the elected branches. (The argument is not that the NLRB itself is elected, or needs to be. It's whether the judicial branch has the authority to diminish Congress or the Executive's statutory authorities as enumerated under the constitution.)
- Manuel_D 3y ago
  And judges also enforce the laws passes by Congress (and state and local laws). They're both ultimately enforcing laws passes by Congress.
- beaeglebeached 3y ago
  The tenth amendment constrains congress from regulating outside enumerated powers. Intrastate trade is not an enumerated power. Most applications of the NLRB are tyrannical short-circuits.
  - woodruffw 3y ago
    First of all, there's no evidence that any of this is intrastate or that Amazon has made a claim on the basis of intrastate trade (this would be a flabbergasting claim for them to make, given that their business is horizontally integrated across 50 states). Second: the relevant decision here is NLRB v. Jones & Laughlin, which puts it succinctly[1]: > Although activities may be intrastate in character when separately considered, if they have such a close and substantial relation to interstate commerce that their control is essential or appropriate to protect that commerce from burdens and obstructions, Congress cannot be denied the power to exercise that control. I'm not aware of a more recent ruling that changes that doctrine.
deleted 3y ago
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SllX 3y ago
> actually, some lower court judges are elected This is going to confuse people. Not in the Federal government they’re not. All Federal Judges are appointed from the lowest to the highest. Some States have variations though from fully elected judges to retention elections, effectively turning their judges into politicians too.

woodruffw 3y ago

The NLRB is an independent agency of the US Government, which means that its power derives from the statutory authority of Congress. That's what makes it controlled by one of the elected branches. (The argument is not that the NLRB itself is elected, or needs to be. It's whether the judicial branch has the authority to diminish Congress or the Executive's statutory authorities as enumerated under the constitution.)

Manuel_D 3y ago
And judges also enforce the laws passes by Congress (and state and local laws). They're both ultimately enforcing laws passes by Congress.
beaeglebeached 3y ago
The tenth amendment constrains congress from regulating outside enumerated powers. Intrastate trade is not an enumerated power. Most applications of the NLRB are tyrannical short-circuits.
- woodruffw 3y ago
  First of all, there's no evidence that any of this is intrastate or that Amazon has made a claim on the basis of intrastate trade (this would be a flabbergasting claim for them to make, given that their business is horizontally integrated across 50 states). Second: the relevant decision here is NLRB v. Jones & Laughlin, which puts it succinctly[1]: > Although activities may be intrastate in character when separately considered, if they have such a close and substantial relation to interstate commerce that their control is essential or appropriate to protect that commerce from burdens and obstructions, Congress cannot be denied the power to exercise that control. I'm not aware of a more recent ruling that changes that doctrine.

deleted 3y ago

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SllX 3y ago

> actually, some lower court judges are elected This is going to confuse people. Not in the Federal government they’re not. All Federal Judges are appointed from the lowest to the highest. Some States have variations though from fully elected judges to retention elections, effectively turning their judges into politicians too.