>>6667400
Short summary:
Congress is in the habit of allowing the executive branch to craft laws. Agencies write the rules with delegated powers from Congress. Kavanaugh and Gorsuch probably think that such an administrative state is unconstitutional. Gundy vs US challenges the administrative state authority.
Sorcha Faal version, with lots of links in the original:
According to this report, President Trump, since taking power in January-2017, has been in continuous battle with what is known as the “administrative state”—otherwise known as the “Deep State” that comprises an ever spiraling out of control unelected bureaucracy forced upon the Executive Branch of the US Government by the Legislative Branch seeking to gain powers not granted to it by the US Constitution.
Two times in the 1930’s, this report details, the Judicial Branch of the US Government came to the aid of the Executive Branch fighting against Legislative Branch overreach—the first in the case Panama Refining Co. v. Ryan and the second in the case A.L.A. Schechter Poultry Corp. v. United States—both of which saw the US Supreme Court, in 1935, ruling that it was unconstitutional for the Legislative Branch to give up its lawmaking and regulative powers to the Executive Branch—in other words, they told the US Congress to go back to work and make their own laws and regulations.
Both of these US Supreme Court rulings, however, this report notes, came up against the powerful Democrat Party President Franklin D. Roosevelt who was actively colluding with the Legislative Branch to transfer its constitutional duties and powers illegally to the Executive Branch—and after these two 1935 rulings telling the US Congress to get back to work, then saw Roosevelt threatening to pack the US Supreme Court with enough leftist judges to get the rulings he wanted—which, of course, saw the US Supreme Court backing down, and in the over 80-years since, has seen conservative and liberal justices alike deferring to the division of labor that these two branches of government agreed to—and the US Constitution be damned.
For the first time in over 80-years, though, this report continues, President Trump is making a first in history direct assault upon the “administrative state”—and whose weapons are the US Supreme Court cases Gundy v. United States and American Institute for International Steel, Inc. v. United States—the first of which involves a law dealing with convicted sex offenders, and the second being against Trump’s authority to level tariffs—but both of which deal with Article 1, Section 1 of the US Constitution that vests the US Congress with “all legislative powers”—a power that is unalienable, meaning the US Congress can’t decide to let courts or Executive Branch agencies make law.
Wielding these Trump weapons in the US Supreme Court to destroy the “administrative state”, this report explains, are his two appointed US Supreme Court Associate Justices—the first being Justice Neil Gorsuch, who has long held that the US Congress can’t give up its lawmaking power to the Executive Branch—and the second Justice Brett Kavanaugh, who in a ruling when he was a lower court judge, slammed the “administrative state” and wrote “Congress’s failure to enact general climate change legislation does not license an agency to take matters into its own hands”—and whose consequence of the Politico News Service has warned about in their article titled “How a Sex Offender's Case Before the Supreme Court Could Bring Down the Administrative State” by their stating:
''A post-Gundy nation may be one in which Congress faces even higher hurdles than those it already faces.
Instead of merely having to get a majority of the House, a filibuster-proof Senate majority, a veto-empowered president and aggressive courts on board, lawmakers may have to spell out in excruciating detail how agencies have to do their jobs.
Imagine already overwhelmed lawmakers having to micromanage thousands of scientists and financial regulators in between constituent services and fundraising.
Not a recipe for success.''
[Theres more to the article like the internet kill switch test yesterday, Trumps battle against Silicon Valley, and DARPA funding Microsft ElectionGuard.]
http://www.whatdoesitmean.com/index2886.htm