Kavanaugh just wrote a legal brief that lays out how the GOP wants to blow up the federal government

[DetlefK]

The question is essentially: How much power is the legislative branch allowed to delegate to an executive agency?

Kavanaugh's legal brief is about a case whether the SORNA agency (which is responsible for tracking sex-offenders) was allowed to make a certain policy-decision. But it could easily be construed to affect any other agency: We are talking about any agency from the Department of energy, education, defense, commerce, health and human services, interior, labor, state, transportation...

Rehnquist, Gorsuch and Kavanaugh are of the opinion that an agency is only allowed to make policy-decisions if the legislative branch explicitly tells them to do so and allows them to do so IN EACH SINGLE CASE.

Put short: Career officials would not be allowed to do anything and literally all the decision-making would be made by a biased, partisan, gridlocked legislative.



At 13:50 in the video, Kavanaugh basically writes that he would decide this way if this constitutional question ever were to come to SCOTUS.





This is what Republicans want: A government so small, you can drown it in a bathtub. A government where federal agencies are not allowed to do anything. A government that cannot work... so Republicans can then turn around and complain to the voters that the government doesn't work.

[dhill926]

1. anti-democratic fuckstick...

[DetlefK]

4. Actually, it's more democratic. Too democratic in fact.

The US Senate is getting nothing done with the current workload. Can you imagine the workload if federal agencies have to ask for permission for every single thing?

[friend of m and j]

22. Work load has nothing to do with ...

with the Senate not getting anything done. It is because Moscow Mitch is blocking any legislation that originates in the Democratic controlled House.

[Hermit-The-Prog]

2. Justice Beer Bong Weenie Waver* is unfit to be on the SCOTUS

*from Stinky The Clown: https://www.democraticunderground.com/100212466681

[Initech]

19. And President Mushroom Dick isn't fit to be president.

[Me.]

3. So Basically, He Lied To Congress

[Bev54]

5. There is a get around

The lawmakers can simply provide them with the authority to make decisions and only name those that they are not to make without congress approval. Have it reviewed periodically. The supreme court has no alternative but to follow the law the lawmakers write and it is obvious that there needs to be laws put into place instead of just policy or rules. Most other countries do this.

[Hortensis]

18. Interesting, so a change in procedure avoiding a

dysfunctional shift of authority away from those charged with executing laws.

[friend of m and j]

24. "The supreme court has no alternative but to follow the law the lawmakers write".

Wrong SCOTUS always has the option to declare the law that lawmakers write is unconstitutional.

[ancianita]

29. Agree. Marbury v Madison says SCOTUS may rule laws as unconstitutional. It's always been somewhat

controversial, but stood the test of time.

Congressional oversight is constitutional. But oversight doesn't equate with "express permission" across co-equal branches of government, because "permission" implies control, which is unconstitutional. No one branch dominates another. Thus the unitary executive theory isn't constitutional, either, no matter what Trump's teams are throwing at the lower courts.

This brief won't persuade the other justices, who must preserve the constitutional integrity of each branch, and thus their own.

[OhNo-Really]

6. Oversight & Power of purse. The IGs are key

Kavanaugh’s point lacks all credibility & logic. There’s something sinister under all these crazy proposals.

[Harker]

7. Stating how one would rule in a future case

is the very definition of 'prejudice.'

[Evolve Dammit]

8. Well said.

[Harker]

11. I won't expect recusal.

Fishing for cases in any manner is appalling. I'm sad that it even has to be said. Thanks.

[Evolve Dammit]

30. Recusal is for the honorable and/or those with a conscience. Kavanaugh has neither.

[friend of m and j]

26. Correct. Every nominee to the Supreme Court in their confirmation will not answer the question

in their confirmation hearings of how they would vote on a particular issue. They base that refusal on the concept of they would have to see the facts of a particular case and listen to the oral arguments before making a decision.

But some of them Lie.

[TheBlackAdder]

9. Boofo the Supreme Court Judge (Kinko the "Kid-Loving" Clown song parody--remember Dr. Demento?)

.

Kick ass lyrics posted on the video about Justice Boofo.

It would be nice if this went viral. The problem was it came out after he was confirmed.

.

[TheBlackAdder]

10. The Bureaucrats are the essential third party of the Iron Triangle that enact the laws passed.

.

.

[stuffmatters]

12. So now we have a known sex offender(Kav) disempowering the agency that tracks sex offenders?

For starters. He'd be the swing vote. Just saying.

[wiley]

13. Rehnquist must have conferred with Frederick Douglas

What are you talking about? When did Rehnquist say this?

[byronius]

14. The Majority Report just had a whole show about this. Horrifying.

Putin's Revenge runs deep.

[Hortensis]

15. Umhm. And legislators have usually left many details of implementation

to the executive branch, often for good reasons rather than negligence. Creating a national park would take many studies and intermediate steps over years, which would be crippling from changing legislators alone having to vote on each proposal by the Dept o/t Interior, but also with most members knowing little about the issues or caring to.

[warmfeet]

16. We will

stop these fuckers.

[TeamPooka]

17. Putin's wet dream realized.

[Martin Eden]

20. I wish impeachment really would reverse an election.

Hillary Clinton would be installed as president and all dRumpf's judicial appointments would be nullified.

[benld74]

21. Ludicrous thought process

[paleotn]

23. Ummm....that doesn't work in real life.

And would backfire on Rethugs in innumerable ways. Careful what you ask for, Kavanaugh. You might not like what you get.

[Ms. Toad]

25. That's basically how regulatory authority works.

Congress sets authority. They have the ability to frame the law - and delegate regulatory agencies to draft implementing rules within the specific authority granted by Congress.

If they go outside that authority, it is the Court's job to reign them in.

Regulatory agencies do not have independent ability to write laws. This has nothing to do wtih Republicans wanting to shrink government. It has to do with checks and balances on the executive branch - when agencies (populated by Trump - in the current administration) run amok and exceed the authority granted by congress, the courts put them back in their place and protect the authority of the legislative branch.

Are you really happy with all of the substantive changes to the law that Trump is making via stacking administrative agencies with leaders who oppose their actual mission and the laws implemented by Congress? Don't you want the courts to have the ability to block Trump's ability to extra-legislatively change the law?

[Hoyt]

31. Thanks for insight. Letting trump style admins essentially make laws is not to our benefit.

This is good for us unless we forever hold Presidency and legislative branches.

[regnaD kciN]

27. Curious, since...

...you’d think the current SCOTUS would be in favor of the executive branch being able to rule by decree, no matter what Congress allows them to do.

[KY_EnviroGuy]

28. Fits right into their master plan - demean, demoralize, distrust and de-fund.

Wash, rinse, repeat....

Every so often in case I have a lapse of memory, I have several articles bookmarked to remind me what assholes Republicans really are, such as this one:

Republicans Suck at Government. Here is PROOF!
Posted on June 15, 2018 by Milt Shook

Link: http://pleasecutthecrap.com/repost-republicans-suck-at-government-here-is-proof/

(Snip)

Republicans are wholly incompetent at running the government; a fact that should be obvious by now. What should also be obvious is, during the period from 1933-1980, with Democrats in charge most of the time, we became the most prosperous nation in the world. Since Republicans have taken over, we’re quickly becoming an also-ran. That’s not a coincidence; their ideology is vacuous and morally bankrupt. Their intent is to prove that government doesn’t work; you cannot say the same about even the worst Democrat.

KY........

[I_UndergroundPanther]

32. Is there any way

To remove republicans who know nothing about the Constitution from the court because kavanaugh is stupid as a bag of hammers and he's an asshole? Could we stop these republican pigs or would a full on revolution be the only way to remove the damn republican pieces of shit. How long will we put up with them,the religious fucksticks and the government killing republicans.

[Joinfortmill]

33. Kavanaugh should be impeached

for lying to the Senate. I strongly suspect he will be when Dems take control of the Senate.

[Beatlelvr]

34. This is weird. Unless I missed something here

But Rehnquist died years ago. How can he have an opinion in this case?