Is not *'s power grab of the regulatory agencies a constitutional issue?

[Skidmore]

If I'm recalling correctly, isn't Congress charged with creating agencies to do their work and to oversee them?

Well, jeez, why should I think they would object...after all they handed over the war powers to him without a whimper.

Cheney them!

[bryant69]

1. I know that this isn't the first time this issue has been raised

Take the EPA under Watts back in the Reagan administration. I don't think it's s constitutional issue though (though maybe it should be). Congress creates the agency, yes, but the President Administers it. That's pretty much what the executive branch does - runs things according to the dictates of Congress.

Signing statements are a bit more shakey I think.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[mmonk]

2. Of course.

But addressing the assault on our constitution is unpopular with the congress right now. We have no protection anymore I suppose unless we sue and appeal to the supreme court.

[izzie]

3. I would think so but then the Politburo has a lot of power

We now have the religious commissars in the service and the political commissars in the general govt. agencies. Lenin has jumped out of his home in Red Sq. and landed in our WH. I bet Lenin never thought his plan would work so well. I wonder if the Chinese find this humor.

[CrazyOrangeCat]

5. yes.

they're laughin' their butts off . . . preparing to eat our lunch.

[izzie]

7. With Bush's people in power it should be a 'cake walk'

Not a thing works any more that is for sure. From business to govt. the GOP has really done a job on it all.

[screembloodymurder]

4. Next time we march on D.C.

might be the last time.

[TZ]

6. checks and balances

don't exist anymore. Congress strikes me as particularly powerless. They let it happen. It might be too late even with a switch in party contol. Bush is clearly acting as he wants on the Iraq war and not listening to what the people want, or what Congress says and all Congress can do to stop him is try to pass some "non-binding" resolutions? We may be a democracy in name only at this point.:cry:

[Igel]

8. Presumably.

Question, though: Is the EPA a legislative agency? Does the head of the EPA get nominated and appointed by Congress, and routinely report to Congress, having his/her usual work load and activities constrained and imposed by communications from Congress, perhaps Pelosi or Reid? Or does the EPA execute the laws, have its head appointed by the President (even if s/he's confirmed by Congress), and routinely report to the Executive branch?

If it's legislative, then it's certainly under the purview of Congress, just as courts are part of the judicial branch. Then it's primary job is writing legislation, researching things required by Congressfolk and issuing reports that individual Congressfolk requested, or otherwise spends its time doing footwrook and investigations at the behest of Congressfolk.

But if it's executive in function, then it's under the purview of the Executive Branch. And that means the President, even though he and it operate in accordance with laws that were made by the Congress and signed by the President. It seems to me that the EPA, and most other such agencies, spend much of their time investigating in order to provide enforcement of the laws. That means they execute the law, and aren't involved in producing the law.

Constitution, Article II, section 1: "The executive Power shall be vested in a President of the United States of America."

The entire "unitary Executive" business is over how much executive authority the Congress has, and how it's shared with the Executive--and ultimately is based on Article II, sect. 1. We could just as easily ponder the nature of the "unitary Legislative", an idea that we endlessly defend here when we claim that signing statements and other * acts violate the unitary Legislative (even though we don't call it that). Oddly enough, conservatives make the same claim that the uL's authority is encroached upon, but by the courts, not by the Executive.