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Little Big Man
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"If We Only had One Branch, It Would do Whatever the Heck it Wants"
Feb 9th, 2019 at 7:15pm
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So acting Attorney General Whitaker was in front of the Democratic congress being grilled supposedly about the Mueller investigation into "Russiagate."

The Dems implored him not to give lengthy speeches when asked yes or no questions.  Naturally, he gave lengthy speeches when asked yes or no questions.  They also insisted that he could not claim executive privilege to avoid answering questions about his conversations with the president.  So he said he was not claiming executive privilege, he just wasn't going to answer those questions.

In other words, he acted just as Obama administration witnesses did when the Republican congress was grilling them.

What's my point?

The executive branch is doing whatever the heck it wants, regardless of what the congressional oversight committee wants.  Congress does whatever the heck they want and the Supreme Court sure does whatever the heck they want.

How is that "balance of power?"  That they all claim total power so that's balanced?
  

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Jeff
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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #1 - Feb 9th, 2019 at 10:25pm
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Little Big Man wrote on Feb 9th, 2019 at 7:15pm:
So acting Attorney General Whitaker was in front of the Democratic congress being grilled supposedly about the Mueller investigation into "Russiagate."

The Dems implored him not to give lengthy speeches when asked yes or no questions.  Naturally, he gave lengthy speeches when asked yes or no questions.  They also insisted that he could not claim executive privilege to avoid answering questions about his conversations with the president.  So he said he was not claiming executive privilege, he just wasn't going to answer those questions.

In other words, he acted just as Obama administration witnesses did when the Republican congress was grilling them.

What's my point?

The executive branch is doing whatever the heck it wants, regardless of what the congressional oversight committee wants.  Congress does whatever the heck they want and the Supreme Court sure does whatever the heck they want.

How is that "balance of power?"  That they all claim total power so that's balanced?
That's what you think should happen? You can't see the problem? You think anarchy would be better?

  

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Little Big Man
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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #2 - Feb 9th, 2019 at 11:26pm
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Jeff wrote on Feb 9th, 2019 at 10:25pm:
That's what you think should happen?


I don't think we should have three branches that each does whatever it wants and think that we then have a "balance of power."

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You can't see the problem?


I do see the problem, that's why I posted about it.

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You think anarchy would be better?


I'll defer that question to someone who promotes anarchy.






  

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Jeff
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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #3 - Feb 10th, 2019 at 8:37am
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Little Big Man wrote on Feb 9th, 2019 at 11:26pm:
I don't think we should have three branches that each does whatever it wants and think that we then have a "balance of power."

I don't either.

We do have a Congress divided into two houses (one of which was supposed to represent the interests of the states) and they have to agree before a law passes Congress. Then the President has to agree and sign it. Then it's legality under the Constitution can be challenged in the courts.

Obviously they can't just do whatever they want without operating outside the law.

The biggest problem I see in line with your complaint is the regulatory bureaucracies in the Executive branch making laws, pretty much doing whatever they want. Cry But that is clearly outside the grant of power of the Constitution. No one in the Executive branch is granted any legislative authority.
  

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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #4 - Feb 10th, 2019 at 10:05am
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Jeff wrote on Feb 10th, 2019 at 8:37am:
I don't either.

We do have a Congress divided into two houses (one of which was supposed to represent the interests of the states) and they have to agree before a law passes Congress. Then the President has to agree and sign it. Then it's legality under the Constitution can be challenged in the courts.

Obviously they can't just do whatever they want without operating outside the law.

The biggest problem I see in line with your complaint is the regulatory bureaucracies in the Executive branch making laws, pretty much doing whatever they want. Cry But that is clearly outside the grant of power of the Constitution. No one in the Executive branch is granted any legislative authority.


They are granted that authority by the Congress when congress establishes the various agencies. 


  

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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #5 - Feb 10th, 2019 at 11:32am
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Little Big Man wrote on Feb 9th, 2019 at 7:15pm:
The executive branch is doing whatever the heck it wants, regardless of what the congressional oversight committee wants.  Congress does whatever the heck they want and the Supreme Court sure does whatever the heck they want.

How is that "balance of power?"  That they all claim total power so that's balanced?

You (we) are witnessing the last phase of a massive, and completely dysfunctional government.

A "reset" may be necessary! 

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Jeff
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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #6 - Feb 10th, 2019 at 2:39pm
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Little Big Man wrote on Feb 10th, 2019 at 10:05am:
They are granted that authority by the Congress when congress establishes the various agencies. 


Except that Congress was not granted any power to alter the Constitution, so Congress could not delegate it's legislative power to anyone.

Besides, where is the supposed power for Congress (or the President) to create such agencies?

Just for instance, the Constitutional grant of power to Congress to tax makes the creation of a Treasury Dept. necessary and proper. The power of Congress to declare war makes the creation of a War Dept. necessary and proper.

What powers granted to Congress make the creation of OSHA and the FCC necessary and proper?
  

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Jeff
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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #7 - Feb 10th, 2019 at 2:40pm
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SkyChief wrote on Feb 10th, 2019 at 11:32am:
You (we) are witnessing the last phase of a massive, and completely dysfunctional government.

A "reset" may be necessary! 

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Something will probably happen. These are interesting times.

Armed revolution should be the last resort. Lets keep an eye on France... And Venezuela...
  

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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #8 - Feb 10th, 2019 at 5:09pm
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Jeff wrote on Feb 10th, 2019 at 2:39pm:
Except that Congress was not granted any power to alter the Constitution, so Congress could not delegate it's legislative power to anyone.




Are you saying that people cannot delegate a power to others unless they already have that power themselves?

  

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Re: "If We Only had One Branch, It Would do Whatever the Heck it Wants"
Reply #9 - Feb 10th, 2019 at 5:21pm
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Jeff wrote on Feb 10th, 2019 at 2:39pm:
Besides, where is the supposed power for Congress (or the President) to create such agencies?

Just for instance, the Constitutional grant of power to Congress to tax makes the creation of a Treasury Dept. necessary and proper. The power of Congress to declare war makes the creation of a War Dept. necessary and proper.


Then all these powers are enough to justify creation of almost any regulating agency:

    The Congress shall have power

        To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defence[note 1] and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

        To borrow Money on the credit of the United States;

        To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

        To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

        To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

        To provide for the Punishment of counterfeiting the Securities and current coin of the United States;

        To establish Post Offices and post Roads;

        To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

        To constitute Tribunals inferior to the Supreme Court;

        To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

        To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

        To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

        To provide and maintain a Navy;

        To make Rules for the Government and Regulation of the land and naval Forces;

        To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

        To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

        To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

        To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.



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What powers granted to Congress make the creation of OSHA and the FCC necessary and proper?


The interstate commerce clause.


  

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