There is NOTHING Constitutional about regulations being enforced as laws.
By ParaTed2k
@ParaTed2k (22940)
Sheboygan, Wisconsin
May 27, 2011 1:37am CST
One of the most destructive concepts that has oozed into the US Constitutional Republic is allowing regulations made by department bureaucrats to be enforced as laws.
The bureaucrats that run departments are not accountable to We the People, therefore WE the People have never granted them any authority over us. Regulations are only Constitutional if they are there to put laws into action, not the other way around.
Federal Laws can only be constitutional if they are passed by one of the ways set by the US Constitution. They are subject to the checks and balances of the 3 branches of government.
Bureaucratic regulations have no checks and balances and can't be justified. They are tyranny passed by little dictator wannabes.
For instance, the FCC has authority to regulate electronic transmissions within the United States. They have the authority to assign frequencies and call letters for radio broadcasts, "ham" radio, CB, remote control devices.. etc. But, since they are a Commission is considered an "independent agency" which means it doesn't answer to either branch of government. They are free to pass regulations that make We the People answerable to them. We can be prosecuted for violating their regulations, even if we violated no law.
That is not only unethical and tyranny, that is unconstitutional and should never be allowed.
What Regulations should do is put the laws pertaining to the departments into action.
Yes, the FCC should be enacting regulations regarding electronic transmissions within the United States. But only when those regulations is backed by an existing law.
The FCC's original charter was to ensure that civilian transmissions did not interfere with military ones. In other words, Congress passed laws, the FCC was created to make those laws work.
Later, the FCC was granted the authority to ensure that civilians didn't use electronic transmissions for nefarious purposes. One example of that would be for one radio station to block or scramble the transmissions of a rival.
But then the FCC took on regulatory authority that isn't backed by laws. There is no law saying that AM radio stations have to "power down" at night during the winter. However, if a radio station doesn't comply with the FCC regulation, they can be prosecuted.
Now, I'm not saying that there isn't good reason for this regulation, there actually is. I'm just saying that the FCC can't claim constitutional authority to enforce this regulation without Congress and the President passing a law about it. In fact, I purposely chose a regulation that is a good idea, but isn't being enforced constitutionally.
4 people like this
7 responses
@dragon54u (31633)
• United States
27 May 11
You bring up a very good point. This creeping tyranny has adversely affected the lives of many people. I hope that if we ever get this economy on its feet again and get a decent person in the WH that we can address this abuse of privilege and get things back to where they should be. We can come closer to doing that if we can throw out all the old school politicians on the take and replace them with new, idealistic ones like Ryan, Rubio and others. Reps who realize the true role of government, you know? I won't hold my breath to see it in my lifetime but it's something to hope for.
1 person likes this
@dragon54u (31633)
• United States
27 May 11
I am hoping for a bloodless revolution--but there must be one or otherwise there won't be a USA in a few years. If we make it to the next election, it may be our last chance.
@Adoniah (7512)
• United States
27 May 11
I think we will be in for some very big surprises at the next election. Already in my area, if you are white the only hope of voting has been to do early voting at the police station. The regular polling stations are taken over by thugs who lock arms and only let hispanics and other minorities in. This has been going on for several elections.
I think we may be under marshal law for the next election and there may be no election. There will be some made up emergency. I think Bush was close to doing this and chickened out. Hussein will not chicken out.
1 person likes this

@BalthasarTheRat (656)
• United States
28 May 11
It is an interesting point. The origin of these situations comes from delegation of authority to ease the burden of Congress. While not "laws", the type of regulations you are refering to are the product of a Law or Resolution of Congress at some point. Therefore they are not totally free from intervention by either the legislative or executive branch. In order to bother to do anything, though, the public outcry would have to be sufficient enough to make it worth taking on a more "hands on" commitment.
The great thing about American politics is that there is nothing that cannot be changed by enough public involvement, BUT there has to be a viable alternative available. The keyword being "viable".
@suspenseful (40192)
• Canada
27 May 11
I thought we had it bad up here with our CRTC regulating what kind of music, tv shows, and movies having to be so much Canadian content that we even have shows here reputed to be in New York or some other American city, but really filmed up hpere. We also had small businesses at home here discouraged because the big businesses did not like competition, but it seems that since Obama, your regulations have surpassed us. Now I hear that they are trying to shut down conservative stations and radio talk shows. It is starting to look more like Nazi Germany.
And yet up here, there os so much praise of Obama it is not funny.
@Taskr36 (13963)
• United States
27 May 11
Well one of the biggest problems with this country is that people are so willing to ignore the constitution, and the processes laid out in it, if actions taken by the government are in line with their own personal agenda or if the people responsible have the appropriate letter next to their name.
@Adoniah (7512)
• United States
27 May 11
I'd like to know who gave the president the right to "pass laws" without them first going through proper channels. It used to be that we had '3' branches of government not ONE.
But you are right. Whenever a bureaucratic entity is set up, it eventually starts passing laws on its own and enforcing them. If you try to stop them, first you pay fines and then you go to jail. This actually started back in the 40s. It is not a Hussein O invention. He has just perfected it.
@debrakcarey (19887)
• United States
27 May 11
It is the same with the EPA, FDA, and a host of other 'regulatory agnecies'. We need to scrap them all and start from scratch.
Another thing that is worrisome to me is the liberal courts overturning LAWS that are enacted by the legitimate lawmakers voted in by the people. Judges are not elected but appointed for life. This means there may be judges appointed by one party who was in the majority at one point but voted out of power by the people later. I've always maintained that judges should be elected as well. Let the people decide who can interpret the law. Not partisan politicians. It is the one thing I disagree with that our founders put into the Constitution. I feel there should be an ammendment taking care of this problem. What do you think?
@kenzie45230 (3560)
• United States
27 May 11
I never thought about this, but you're absolutely right. We have quite a few "commissions" and "regulators" that regulate us without proper law. This is clearly something that should be addressed.






