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Just who's making the laws anyway?

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  • Just who's making the laws anyway?

    This is a major problem in the US today. The "Alphabet Soup" is making more laws than Congress and doing it at the whim of the President.

    http://www.msn.com/en-us/money/compa...Kz&ocid=SMSDHP

    The Obama administration's plan to prevent American companies from shifting their headquarters overseas to avoid U.S. taxes is coming under fire from companies and banks that say it would be costly and cumbersome.

    At issue are proposed Treasury regulations to combat "earnings stripping," a key goal for companies that carry out tax-avoiding mergers known as "inversions" to reincorporate abroad, if only on paper, to cut their taxes.
    No, it doesn't matter which President, past ones have done it too. The problem is that they're doing it at all. The "Alphabet Soup" shouldn't be making law...PERIOD! That's Congress' job. We wouldn't be in anywhere near as deep a mess as we are if that were being followed, but it isn't.

  • #2
    I’ve been following this some since the issue of Obama setting Immigration policy. The US Code says that the Executive Department through the Homeland Security Department will set priorities. In order to set priorities they have to write policy and/or regulations.

    My Congressman has posted a thing on his Facebook page about trying to compress and clarify regulations. There is a huge body of regulations that the various departments within the Executive Department have written over the years on how to do the laws that Congress sets forth in the US Code. The US Code in and of itself is incredibly complex.

    The US Code can be found at http://uscode.house.gov/

    And the Code of Federal Regulations, or CFR, which the Executive writes in order to follow the law can be found at http://www.ehow.com/facts_4885985_wh...utm_source=ask

    There is a story about Regulations at
    http://www.americanthinker.com/blog/...ell_blush.html

    I suspect that the Regulations are way more complex than the US Code.

    I don’t know how they will ever get control of all of the regulations that have been written over the years. When a President has his people go into the Codes to research how to make an Executive Order, he is going into current Law and Regulations. It seems to be the Regulations that cause the problems because they seemingly originate in the Executive department.

    When Congress made the Obamacare Law they wrote thousands of pages full of little twidgets and twadgets about what the Law was supposed to cover and do. If they had done it in 5 pages then it would have been up to the Department of Health or whatever to write the policy and regulations on how to accomplish what congress passed as law. And even now there are matters of interpretation within what Congress passed and the Supreme Court had to get involved.

    Regarding the Supreme Court--it has gotten involved in a lot of seeing if the Regulations that the Executive Department has written comply with the laws that Congress has written and also the Constitution. For instance the Amendment about Equal Rights, which was done to give Civil Rights to various racial groups within the US is now being interpreted for Equal Rights for Gays and I think Title VIV under the Amendment gives women athletes equal parity with men athletes.

    A Religious Freedom act written in the Clinton years to let Native American groups practice smoking peyote has now gone way past that original purpose.

    It depends on how broadly written a law is...

    At any rate this is how I interpret the current issue about laws and regulations. There are, I am sure, people more familiar than I with Federal Law out there—Is my interpretation reasonable?

    If my interpretation is reasonable--how does the Congress even get control of the Regulations? Should they go through and say yay or nay on each regulation that the Executive writes to comply with each law that Congress passes. I think that is what my Congressman is proposing.

    One thing about it--it would probably slow up new laws and gum up the works even more than they are now. But it would probably keep a lot of lawyers and clerks employed in cloyingly boring jobs.
    Last edited by Jannie; 13 Jul 16, 19:34.
    Homo homini lupus

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    • #3
      Originally posted by T. A. Gardner View Post
      This is a major problem in the US today. The "Alphabet Soup" is making more laws than Congress and doing it at the whim of the President.

      http://www.msn.com/en-us/money/compa...Kz&ocid=SMSDHP



      No, it doesn't matter which President, past ones have done it too. The problem is that they're doing it at all. The "Alphabet Soup" shouldn't be making law...PERIOD! That's Congress' job. We wouldn't be in anywhere near as deep a mess as we are if that were being followed, but it isn't.
      Sorry, CONGRESS set them up that way when they created them, with a law. Blame the ones that did it.
      “The time has come,” the Walrus said,
      “To talk of many things:
      Of shoes—and ships—and sealing-wax—
      Of cabbages—and kings—
      And why the sea is boiling hot—
      And whether pigs have wings.”
      ― Lewis Carroll

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      • #4
        Originally posted by Combat Engineer View Post
        Sorry, CONGRESS set them up that way when they created them, with a law. Blame the ones that did it.
        I did in an oblique way. Congress should have to make these regulations. Since we know Congress is a bunch of incompetents, most of these regulations would never exist because Congress could never manage to agree on passing them. That would be great as it would flummox the federal government into impotency and put the states, as intended, back in the driver's seat.

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        • #5
          On the contrary, TAG - they would pass them, just like they they did the Obamacare disaster that they didn't even read.

          They would pass laws in exactly the same way.
          Quis Custodiet Ipsos Custodes? Who is watching the watchers?

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          • #6
            Originally posted by Mountain Man View Post
            On the contrary, TAG - they would pass them, just like they they did the Obamacare disaster that they didn't even read.

            They would pass laws in exactly the same way.
            But, if the alphabet soup could only impose those laws in the exact way written, and were unable to write any new regulations, rules, or anything else that Congress didn't give them, Obamacare would have failed on implementation. The alphabet soup would have found what Congress gave them was unworkable and they couldn't implement it because of that.
            Back to Congress' court. With Republicans now running things they could have sat on it and watched Obamacare wither unimplemented at all simply because the bureaucrats couldn't work with what Congress sent them.

            By not allowing the executive branch to write rules and regulations you prevent the President from implementing what amounts to "new" laws. It would have reigned in such egregious violators of separation of branches like the EPA. They couldn't just say "Oh, we think CO2 is a pollutant and we're going to impose hundreds of billions in cost new rules to deal with it..." Instead, they'd have to go to Congress and ask "We want to regulate CO2, please send the President rules on carbon and carbon exchanges..."

            DOA, if you ask me, compared to imposed by bureaucratic fiat like things are now.

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