The next time anyone is held to account for violating a federal regulation, it would serve them well to remember this article from the new editorial group Issues & Insights…
In a nutshell…it seems very possible most of the federal regulations could actually be written by those not allowed to perform such duties by our U.S. Constitution.
A study prompted by a controversial 2018 FDA regulation started it: “…a team of lawyers and researchers investigated the inner workings of one federal department to find out who is really in charge…Looking at all rules issued by HHS from 2001 to 2017, we found that 71 percent of the 2,952 rules we reviewed were unconstitutional. The worst offender within HHS is FDA, where 98 percent of rules are unconstitutional.”
But, as the lawyer group behind the study notes (emphasis added, all areas):
“That’s a problem because that bureaucrat did not have the Constitutional authority to issue regulations. The Constitution’s Appointments Clause requires that rules binding Americans must be issued by “officers of the United States” — i.e., government officials appointed by the president and confirmed by the U.S. Senate, or hired by cabinet secretaries under congressional authorization. Such officials are subject to political accountability, which allows them to wield political power such as issuing binding rules. That description does not apply to career bureaucrats, who are government employees hired through the merit system, which is intended to be free from political influence in hiring and firing practices.”
Let this sink in: 71% of 2,952 HHS rules written in 16 years were unconstitutional.
Within the FDA over that same period, 98% of regulations…unconstitutional.
Yes, they only studied one Department, and only included 16 years of regulations…
…but who believes this isn’t WIDESPREAD?
Anyone hounded by federal regulators should be asking…
…“Who Wrote/Signed the Reg”?
**Important Note**
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