U.S. Constitution
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Title: Agencies and Apparatchiks
Source:
Eric Peters Autos
URL Source: http://ericpetersautos.com/2016/04/28/agencies-and-apparatchiks/
Published: Apr 28, 2016
Author: Eric
Post Date: 2016-04-29 05:57:51 by Deckard
Keywords: None
Views: 251
Comments: 5
Why is the government even involved in dictating “safety” standards for new cars? Did the EPA ever get put to a vote? These are legitimate questions. But rarely asked – and forget about answered. The Constitution lists – enumerates – the specific powers the government is supposed to have. The Constitution also clearly states that the specific powers not enumerated are “reserved” to the people and the states. Well, where does it say in the Constitution that the federal government shall have the power to lay down bumper impact standards? Or require that cars be fitted with air bags and back-up cameras? Just asking… VW – and all the rest of them – have to bend knee to this “agency” (NHTSA) which no one that I am aware of ever elected. Isn’t the process supposed to be that we elect representatives who then write laws – which we have some degree of veto power over via removing from office representatives whom we decide no longer represent us? How do we get rid of apparatchiks within an “agency” who never submit to an election – who are effectively tenured for life – but who have assumed the power to write laws? How did they get this power? And – better question – why do we defer to it, accept it as legitimate? It’s palpably not. We’re told as kids that we live in a country run by the consent of the governed. Really? Did any of you consent to any of this? Were you even asked? Or did it just kind of happen – and now you’re required to accept it? Just because? It is very odd. Or rather, at odds with what we’ve been told. Remember the line about “no taxation without representation”? Well, uhm … what else is it when the government adds a cost to a new car that you’re forced to pay, but never asked you – never asked anyone – whether they thought it was a good idea, but rather simply decreed that it will be so? If it walks like a duck… The “safety” stuff is particularly obnoxious because the “safety” of an adult human being is clearly no business of anyone’s except that adult human being and perhaps his immediate family, who may exert emotional pressure on him to do – or not do – this or that. But there is no issue of the commons. A man not wearing his seat belt may get hurt as a result of this choice, but he hurts no one else as a result of his choice. A man who drives a 1,600 pound pre-air bag/crumple zone Beetle may regret it if he drives it into a tree – but that is his business, is it not? His driving the old Beetle doesn’t hurt anyone else, at any rate. And is therefore his business – assuming we are free adults and not livestock owned by others who have an interest in safeguarding their property. Think about it. Government decreeing that you must have air bags in your car is exactly the same as a nosey fishwife neighbor showing up on your doorstep with elbow pads and helmet and insisting that you wear them. No one elected the neighbor, either. As a practical consequence of these illegal (because, hey, it is not in the Constitution and therefore proscribed by the Constitution) and ever-escalating fatwas for “safer” and “safer” cars, we have heavier and heavier cars… steel being the primary practical way to achieve this. These government-mandated overweight cars then have a tough time passing muster with another nowhere-authorized-in-the-Constitution federal fatwa insisting that they deliver “x” miles-per-gallon. Where did that come from? Well, they will say they have authority via various evasions, euphemisms and legerdemain. But in plain English the fact is that Congress – which has the legal authority under the Constitution to write and pass laws – illegally transferred its legislative authority to these created-by-fiat “agencies” (Nixon simply decreed the EPA into existence) and the unelected apparatchiks within them. A general authority to (effectively) legislate as they please. This is what EPA and NHTSA do every year – several times a year. They issue regulatory fatwas that have the same force and effect as any law passed by Congress. And yet, they are not legislators, never required to submit to a popular vote of yea or nay regarding what they do in our name but never once with even the slimmest pretext of our consent. This is the argument car companies ought to present to the people. Not whether air bags and back-up cameras and so on are cost-effective or “work.” That is neither here nor there as regards the fundamental constitutional legitimacy of “agencies” arrogating unto themselves a legislative power nowhere authorized by the Constitution. We’d almost certainly have fewer in the way of fatwas if Congress were tasked with doing its job – the job specified by the Constitution – the writing and passing of laws. Proposed laws might be debated, for one thing. And – ye gods – they’d be put to a vote. Imagine that.
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#1. To: Deckard (#0)
http://hirealawyer.findlaw.com/choosing-the-right-lawyer/administrative-law.html FINDLAW Definition of Administrative Law Administrative law is the body of law created by the agencies and departments of the government, which carry out the laws passed by Congress or a state legislature. When Congress passes a law on a complicated issue, Congress often needs help determining all of the details of how the law will be enforced and implemented. Administrative agencies and government departments fill in those gaps for Congress and pass additional rules and regulations to achieve Congress's goals. People often deal with administrative agencies and administrative law when they apply for government benefits. For example, Congress has passed laws that allow disabled individuals to receive government assistance. The Social Security Administration (SSA) is the administrative agency created to implement Congress's social security and disability laws. The SSA receives applications when people apply for disability benefits, determines who is eligible for the benefits, and passes rules and regulations to ensure that only the people who deserve these benefits receive them. In addition to regulating government benefits like Social Security, administrative agencies also implement federal and state laws affecting almost every industry. For example, government bodies like the Department of Labor and the Occupational Safety and Health Administration (OSHA) create and enforce workplace safety regulations. The Environmental Protection Agency (EPA) passes regulations and rules to enforce Congress's goal of protecting the environment. States also have their own administrative agencies to implement and execute laws passed by their state legislatures. People and businesses often need to hire lawyers with expertise in administrative law when an administrative agency denies their applications for benefits or imposes penalties for failing to comply with regulations. Many administrative agencies can create their own courts and appeal processes, which often require the expertise of an attorney to ensure that your case is heard. Terms to Know Agency - A regulatory body established by Congress or a state Legislature, usually given the power to write, monitor and enforce specific regulations Hearing - An administrative procedure similar to a trial, where an administrative law judge or review board hears evidence and arguments, then makes a ruling on an administrative issue Administrative Procedure Act (APA) - A federal law that governs how administrative agencies can propose and enact regulations Code of Federal Regulations (CFR) - An annual publication containing all of the rules and regulations passed by administrative agencies each year Federal Register - A daily publication containing notices of proposed rules that agencies intend to pass, as well as the final versions of rules and regulations expected to be enacted For more definitions, visit the FindLaw Legal Dictionary. Important Considerations When Hiring an Administrative Law Attorney The federal government contains more than 100 administrative agencies spanning practically every subject area imaginable. There are agencies devoted to transportation safety, health care, homeland security, and environmental conservation, to name a few. Because each agency has its own distinct rules, regulations and procedures, it is important that you locate an attorney with experience in your particular issue. Although rules and regulations passed by administrative agencies are not the same as laws passed by Congress or a state Legislature, they may carry similar penalties if you do not obey them. Many administrative agencies have the power to fine individuals and corporations that fail to comply with administrative regulations. Many agencies, such as the Social Security Administration, make decisions that can severely affect your rights and benefits. If you are denied the benefits or action you seek, every agency has an appeal process. However, administrative appeal processes often have very complex and specific procedures and rules that you must follow, and skipping one step or missing a single deadline can doom your entire case. That's why it is important to consult a lawyer as soon as possible. An attorney will fight to ensure that all of the proper procedures and deadlines are followed and your rights are protected.
None of these agencies are constitutional. But you go right ahead and keep posing your liberal lawyer bullshit - you've shown your true colors here after your defense of Hastert on another thread. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much Last year I bought new 1700 pound 2 passenger auto, made in the USA, that has only two safety features, a lap belt and roll bars. -- It's a Polaris Slingshot.. Technically, it's a motorcycle, (some States require wearing a helmet) thus it escapes the bureaucratic bullshit. For now..
just glanced at some pictures of it - looks like something I'd be interested in with the amount of driving I do. Wonder how it handles in the snow. In a Cop Culture, the Bill of Rights Doesn’t Amount to Much It's a Polaris Slingshot.. Poorly. - I put a studded snow tire on the drive wheel this winter, but didn't get much more traction. It's ok on even wet pavement, and corners like a gocart on dry, but put it in the garage in winter.
What is Administrative Law?
Administrative law judge - A judge who only hears cases related to a specific agency's regulations, such as a Social Security benefits appeal
#2. To: nolu chan, tpaine (#1)
There are agencies devoted to transportation safety, health care, homeland security, and environmental conservation, to name a few
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#3. To: Deckard, Y'ALL (#2)
A man who drives a 1,600 pound pre-air bag/crumple zone Beetle may regret it if he drives it into a tree – but that is his business, is it not?
#4. To: tpaine (#3)
Last year I bought new 1700 pound 2 passenger auto, made in the USA, that has only two safety features, a lap belt and roll bars. -- It's a Polaris Slingshot..
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#5. To: Deckard (#4)
just glanced at some pictures of it - looks like something I'd be interested in with the amount of driving I do. -- Wonder how it handles in the snow.
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