SUPREME COURT FUCKERY

[pyropappy]

Congress needs to wake the fuck up  and stop making unclear laws, now that chevron has been overturned.   

And what the fuck is up with making it illegal to be homeless (not the exact wording of their decision,  but close enough)  aren't our jails over crowded enough,  without tossing people in there whose only crime is sleeping on a park bench?  

Jesus take the wheel

The system is broken; they broke it on purpose to gain power. The framers understood human nature (and its insatiable thirst for power) and provided a solution.

The "law" is a complex subject with many moving parts.

In DC, we face a professional class of politicians; this was never the intent. Those "professionals" have abdicated their responsibility to create laws and delegated that task to the regulatory agencies. These regulatory agencies create laws that have been given the force of law by judicial fiat.

First, we must understand how our laws are created:
There are five sources:

• Constitutional (Federal or State): a charter on how a government is organized and operates, what it is permitted to do, and what is expressly forbidden.
  
• Statutory: written laws enacted by the legislature are sometimes called ordinances; these are declaratory statements that forbid certain acts, direct other acts, or establish governmental mechanisms to aid the general welfare.
  
• Regulatory: Rules made by various government agencies form the basis of how citizens and businesses conduct their daily routines.
  
• Case Law: rules created from court decisions; these interpret the meaning of the various statutory and regulatory laws and how authorities are to enforce them.
  
• Common Practice refers to rules that evolve based on mutual acceptance by the citizens; many statutory and regulatory laws originated from citizens' common practice.
  

In Federalist #45, James Madison made clear the authority the federal government would have:


"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

In Article 1 Section VIII, the Constitution lists the “few and defined” enumerated powers assigned to the Federal Government. There are 18 in total:

1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
   
2. To borrow money on the credit of the United States;
   
3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
   
4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
   
5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
   
6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
   
7. To establish Post Offices and Post Roads;
   
8. 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;
   
9. To constitute Tribunals inferior to the supreme Court;
   
10. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
    
11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
    
12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
    
13. To provide and maintain a Navy;
    
14. To make Rules for the Government and Regulation of the land and naval Forces;
    
15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
    
16. 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;
    
17. 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
    
18. 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.
    

All else the federal government regulates, imposes, administers, or levies comes from three sources.

1. Implied Power -  power not stated in the Constitution but inferred by the agency assigned the enumerated power.
   
2. Inherent Power -  a power not stated in the Constitution but stems from the agency’s interpretation of the enumerated power. 
   
3. Case Law - a precedent set by courts that interprets the meaning of the enumerated power and how authorities are to enforce it.
   

"Unlimited power is apt to corrupt the minds of those who possess it" 
-British Prime Minister William Pitt, speech to the House of Lords, 1770. 

In Chevron v. Natural Resources Defense Council, the court decided that the regulatory agencies were the experts on the subject; this ruling helped unleash the burdensome regulations we face today.
The court has taken a small step in restoring limited government by overturning this precedent.