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2 thoughts on “Who REALLY makes the laws?

  1. Who REALLY makes the laws?

    My first thought was pedophiles. Not sure that this answer needs to be changed.

  2. See https://scholarship.law.bu.edu/cgi/viewcontent.cgi?article=1941&context=faculty_scholarship: “The post-New Deal administrative state is unconstitutional,’ and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution. 2 The original New Dealers were aware, at least to some degree, that their vision of the national gov-
    ernment’s proper role and structure could not be squared with the
    written Constitution: 3 The Administrative Process, James Landis’s
    classic exposition of the New Deal model of administration, fairly
    drips with contempt for the idea of a limited national government
    subject to a formal, tripartite separation of powers. 4 Faced with a
    choice between the administrative state and the Constitution, the
    architects of our modern government chose the administrative state,
    and their choice has stuck.
    There is a perception among some observers, however, that this
    post-New Deal consensus has recently come under serious legal attack especially from the now-departed Reagan and Bush administrations,5
    But though debate about structural constitutional issues has clearly
    grown more vibrant over the past few decades, 6 the essential features
    of the modern administrative state have, for more than half a century,
    been taken as unchallengeable postulates by virtually all players in
    the legal and political worlds, including the Reagan and Bush admin-
    istrations. The post-New Deal conception of the national government
    has not changed one iota, nor even been a serious subject of discus-
    sion, since the Revolution of 1937.7″|

    That was 1994, in 2019 there was pushback from SCOTUS: “Our founding document begins by declaring that “We the People . . . ordain and establish this Constitution.” At the time, that was a radical claim, an assertion that sovereignty belongs not to a person or institution or class but to the whole of the people. From that premise, the Constitution proceeded to vest the authority to exercise different aspects of the people’s sovereign power in distinct entities. In Article I, the Constitution entrusted all of the federal government’s legislative power to Congress. In Article II, it assigned the executive power to the President. And in Article III, it gave independent judges the task of applying the laws to cases and controversies. To the framers, each of these vested powers had a distinct content. When it came to the legislative power, the framers understood it to mean the power to adopt generally applicable rules of conduct governing future actions by private persons—the power to “prescrib[e] the rules by which the duties and rights of every citizen are to be regulated,”[17] or the power to “prescribe general rules for the government of society.”[18] The framers understood, too, that it would frustrate “the system of government ordained by the Constitution” if Congress could merely announce vague aspirations and then assign others the responsibility of adopting legislation to realize its goals.[19] Through the Constitution, after all, the people had vested the power to prescribe rules limiting their liberties in Congress alone. No one, not even Congress, had the right to alter that arrangement. As Chief Justice Marshall explained, Congress may not “delegate . . . powers which are strictly and exclusively legislative.”[20] Or as John Locke, one of the thinkers who most influenced the framers’ understanding of the separation of powers, described it: “The legislative cannot transfer the power of making laws to any other hands; for it being but a delegated power from the people, they who have it cannot pass it over to others. The people alone can appoint the form of the commonwealth, which is by constituting the legislative, and appointing in whose hands that shall be. And when the people have said we will submit to rules, and be governed by laws made by such men, and in such forms, nobody else can say other men shall make laws for them; nor can the people be bound by any laws but such as are enacted by those whom they have chosen and authorised to make laws for them.”[21] Why did the framers insist on this particular arrangement? They believed the new federal government’s most dangerous power was the power to enact laws restricting the people’s liberty.[22] An “excess of law-making” was, in their words, one of “the diseases to which our governments are most liable.”[23] To address that tendency, the framers went to great lengths to make lawmaking difficult. In Article I, by far the longest part of the Constitution, the framers insisted that any proposed law must win the approval of two Houses of Congress—elected at different times, by different constituencies, and for different terms in office—and either secure the President’s approval or obtain enough support to override his veto. Some occasionally complain about Article I’s detailed and arduous processes for new legislation, but to the framers these were bulwarks of liberty.” (Justice Gorsuch, with whom The Chief Justice and Justice Thomas join, dissenting, in Gundy v. US, Gundy v. United States, 588 U.S. ___ (2019), at https://supreme.justia.com/cases/federal/us/588/17-6086/

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