Do you remember when Nancy Pelosi said that Obamacare would have to be passed so we could learn what the bill said? Pelosi was serious. What Pelosi meant was that congress only passes general ideas and then the bureaucrats or agencies write the law; they call them regulations. This approach ignores the Constitution. Only Congress can pass a bill or legislate. This is how a Republic works. Congress represents the people, and the people are supposed to self-govern, they are not to be governed by bureaucrats, technocrats, and experts.
There are three cases before the Supreme Court that address this problem. The one case dealing with the SEC will determine if the agency has supreme power or if the President is indeed the head of the executive branch of government. The latter is what the Constitution would lead us to believe, but those who advocate for transformation to communism believe the agency has supreme power. What will the court say?
Another case will tell us if the bureaucracy can bypass congress by having agencies removed from the wishes of congress or we the people by having their funding come from a source other than congress. The Consumer Protection Agency was created to receive its funding from the Federal Reserve and not from congress despite congress, according to the Constitution, having complete control over government spending. What will the court say?
Another case dealing with the National Marine Fisheries Services has to do with whether agencies have the authority to legislate or regulate. The Supreme Court has already told the EPA a couple of times that they do not have the authority to legislate. Just like the EPA, the NMFS believes they have the authority to do anything they want regardless of what the court or the Constitution allows.
What the agencies are saying is that they are the bureaucrats, they are the technocrats, they are the experts, and they must be the final say, they must have legislative power because they know best. This is communism. Communism is always controlled by the bureaucracy. Communism is dictatorship and this is what the Supreme Court will decide, will the United States become a bureaucratic dictatorship, or will we remain a nation governed by “we the people.”
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