Picture 2

Picture 2
Based on solid evidence, CIA has high confidence Russian hacks were intended to help Trump win.

Sep 18, 2014

Renegade Judges, Unchecked Regulators and Presidential Decrees

Many observers feel the US Federal Government is not working very well.  The article liked below wants a more parliamentary form for choosing the President.  I think the article misdiagnoses the problem. First off, it's too hard to get rid of federal judges, who have life tenure. Once judges decided to rule on the basis of what they wanted the law to be, rather than what the law is, the law gradually became chaos and nobody could know what the next ruling would bring. If there was an easy way to get rid of judges who rule based on what they want rather than what the law says, we could at least address the problem. Second, administrative agencies have become a law unto themselves from which there is no effective appeal. This flows from the fact that the courts generally defer to regulatory agencies, and Congress has no right of review. The result is that the EPA can determine that when you exhale, the CO2 you emit is a pollutant. If Congress preserved a right to repeal any regulation without presidential consent, it would help a lot. Since the polite fiction is that Congress is delegating its legislative power to the regulatory agencies, it should fly, but only if the first problem is fixed. Finally, we get to the President ruling by decree. If the first two problems were fixed, the President would not be able to rule by decree. The courts would rule against him and the regulations that implemented the decrees could be repealed without Presidential consent. Unfortunately, I am not sure that we can get anywhere close to a solution right now. It's likely we have slipped too far into Presidential rule by decree backed by unchecked regulatory agencies and courts ruling based on the outcomes they want, rather than the law as it is.