Damn good read. Funny how commonly SCOTUS can be relied upon to duck making serious consequential rulings. Their "fishing in the rubicon" moments (though the rubicon here is just exercising their authority to its logical conclusions) are both more numerous and severe than Trumps.
I had not read it when I wrote this. Adrian is a true patriot and a great legal mind. As far as I understand, he doesn't really buy nondelegation doctrine, so he won't agree with that part of this analysis.
The most powerful argument that Roberts was right about this particular statute is that if it did intend to give this power, the statute would become unconstitutional- since it mentions at the same time jurisdiction over exports, and tariffs over exports are explicitly forbidden by the constitution.
AHHHH! I want to have all the legal solutions, but that will take YEARS of research and study in order to truly learn the big picture and fit the puzzle pieces together properly. Time, right? Ugh. Sorry I don’t have the solution right now.
I have a theory that there can be certain things that can be delegated, and things that can’t be delegated. First and most obviously would be the difference between law and mere administration. Secondly, would be areas that can traditionally be delegated to the executive, usually things that were a part of the Royal Prerogative in Britian. Examples of this I can come up with right now would be military governance and the case of impositions (1606), also known as Bates’s Case. Basically the king could impose import duties as part of his royal prerogative, without needing the permission of parliament for each individual duty. The American application would be that Congress can delegate to the President the ability to set various different tariffs within limits set by Congress. Other forms of delegation would not be allowed under the separation of powers doctrine, but I would need a comprehensive list first, and a persuasive reason for each. Hence, why it’s going to take me years of research in order to fully answer things.
I also am wondering to what degree America is transitioning from a Republic to an Empire, where the laws are written by the Emperor instead of the Senate. I mean, is Congress ever going to get better?
I also have a theory that the more diverse a legislature is, the more gridlock it experiences. The less diverse a legislature is, the more active it is, and thus it can do more and hold the other branches accountable.
There’s defending the indefensible then there’s defending the …undefended, which the Black 🐦⬛ Crows have done… all the people, police. the soldiers, the workers are aroused and afoot in the land while The Black Crows 🐦⬛ caw from their Tower. Let them keep their castle and we shall have a nation.
When Trump acted decisively as the people’s Tribune he stirred and awakened enormous numbers and many interests who now have tasted leadership and their own power and who won’t be managed into decline and oblivion any longer.
The 🐦⬛ carrion Fowl didn’t get the memo, sic semper vulturis. They are irrelevant to the larger matter of survival.. except to bring the conflict to a head by kicking the meat to a Congress they know cannot act or decide.
Damn good read. Funny how commonly SCOTUS can be relied upon to duck making serious consequential rulings. Their "fishing in the rubicon" moments (though the rubicon here is just exercising their authority to its logical conclusions) are both more numerous and severe than Trumps.
Only one man isn’t fishing.
Interested if you've read Adrian Vermeule's article on this decision yet
I had not read it when I wrote this. Adrian is a true patriot and a great legal mind. As far as I understand, he doesn't really buy nondelegation doctrine, so he won't agree with that part of this analysis.
The most powerful argument that Roberts was right about this particular statute is that if it did intend to give this power, the statute would become unconstitutional- since it mentions at the same time jurisdiction over exports, and tariffs over exports are explicitly forbidden by the constitution.
So, in the end, Roberts is making (with is renown prudence) the case to restore the Republic, Thomas the one to restore the British Crown. Fitting...
AHHHH! I want to have all the legal solutions, but that will take YEARS of research and study in order to truly learn the big picture and fit the puzzle pieces together properly. Time, right? Ugh. Sorry I don’t have the solution right now.
I have a theory that there can be certain things that can be delegated, and things that can’t be delegated. First and most obviously would be the difference between law and mere administration. Secondly, would be areas that can traditionally be delegated to the executive, usually things that were a part of the Royal Prerogative in Britian. Examples of this I can come up with right now would be military governance and the case of impositions (1606), also known as Bates’s Case. Basically the king could impose import duties as part of his royal prerogative, without needing the permission of parliament for each individual duty. The American application would be that Congress can delegate to the President the ability to set various different tariffs within limits set by Congress. Other forms of delegation would not be allowed under the separation of powers doctrine, but I would need a comprehensive list first, and a persuasive reason for each. Hence, why it’s going to take me years of research in order to fully answer things.
I also am wondering to what degree America is transitioning from a Republic to an Empire, where the laws are written by the Emperor instead of the Senate. I mean, is Congress ever going to get better?
I also have a theory that the more diverse a legislature is, the more gridlock it experiences. The less diverse a legislature is, the more active it is, and thus it can do more and hold the other branches accountable.
Also, the 16th and 17th amendments were mistakes.
Major Questions answered by Deflection
MQD
There’s defending the indefensible then there’s defending the …undefended, which the Black 🐦⬛ Crows have done… all the people, police. the soldiers, the workers are aroused and afoot in the land while The Black Crows 🐦⬛ caw from their Tower. Let them keep their castle and we shall have a nation.
When Trump acted decisively as the people’s Tribune he stirred and awakened enormous numbers and many interests who now have tasted leadership and their own power and who won’t be managed into decline and oblivion any longer.
The 🐦⬛ carrion Fowl didn’t get the memo, sic semper vulturis. They are irrelevant to the larger matter of survival.. except to bring the conflict to a head by kicking the meat to a Congress they know cannot act or decide.
Tis not killing but burial of a rotting corpse.