Courts? Legal Process? Not For the EPA!

[longknife]

Most Americans have no idea how government agencies try – and often succeed – in establishing rules that completely ignore the constitution and the idea of Due Process. The bureaucratic process writes a federal regulation and it is published in The Federal Register. There, it is given a period of time after which, without Congressional dissent, it goes into effect.

Federal Register? What's that?

Well, it's something YOUR congressman/woman's staff should pour through daily. It's something YOU need to be aware of – if for no other reason than to try to protect YOURSELF.

Read more @ Doug Ross @ Journal: CONGRATULATIONS TO THE EPA: Now Acting as All Three Branches of Government

 

[C_Clayton_Jones]

Most Americans have no idea how government agencies try – and often succeed – in establishing rules that completely ignore the constitution and the idea of Due Process. The bureaucratic process writes a federal regulation and it is published in The Federal Register. There, it is given a period of time after which, without Congressional dissent, it goes into effect.

Federal Register? What's that?

Well, it's something YOUR congressman/woman's staff should pour through daily. It's something YOU need to be aware of – if for no other reason than to try to protect YOURSELF.

Read more @ Doug Ross @ Journal: CONGRATULATIONS TO THE EPA: Now Acting as All Three Branches of Government

Nonsense.

Acts of administrative agencies, as with acts of Congress, are Constitutional until such time as a Federal court rules otherwise, where administrative due process is recognized as valid by the courts, and in some cases not required at all (see, e.g., Mathews v. Eldridge (1976)).

And as with acts of states, local jurisdictions, and Congress, acts of administrative agencies are subject lawsuits and judicial review, where citizens are at liberty to challenge administrative policy in a court of law to seek relief.

If anyone believes the EPA is acting in an un-Constitutional manner, he is at liberty to file suit in Federal court.

Consequently, administrative agencies are not 'ignoring' the Constitution, to maintain otherwise is alarmist hyperbole and fear-mongering, such as that exhibited by the author of the linked article, which is nothing more than a rightwing partisan opinion piece, devoid of facts or evidence.

 

[HelenaHandbag]

Leave it to Clay to be a cheerleader for regulatory anarchy.

 

[Brick Layer]

Administrative Agencies by John Schulman (1949 Practising Law Institute)