Rnee Nal – The Brenner Brief
It is past time for Americans to take another look at the process which allow rules and regulations to be regularly imposed on Americans without proper representation.
Government mandates in the form of rules equal legislation without representation. “Agencies get their authority to issue regulations from laws (statutes) enacted by Congress,” according to the government’s Federal Register website. “Typically,” the fact sheet continues, “when Congress passes a law to create an agency, it grants that agency general authority to regulate certain activities within our society.”
The Federal Register Act received approval on July 26, 1935 under Franklin Delano Roosevelt. Since then, “the Federal Register system expanded and evolved as the nation’s leaders gained experience using the system to conduct the business of government in times of peace and war.”
Not surprisingly, there is a lack of transparency in the rule making process, as not every rule is in the Federal Register, thanks to the Administrative Procedure Act (APA), which called for the public commenting process, yet “permits agencies to finalize some rules without first publishing a proposed rule in the Federal Register,” such as when “for good cause [an agency] finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.”
Why would any rule ever be “contrary to the public interest?” And who makes that determination? And why would taxpayers ever agree to a rule that is “contrary to the public interest”?
Like laws, “rules” need to be repealed. But unlike laws, “rules” are not necessarily scrutinized by elected representatives, who do not even seem to have the time to read legislation written by shadowy others. This whole process seems to fly in the face of the framers intent.
“If every member pledged to not vote for it if they hadn’t read it in its entirety, I think we would have very few votes,” – Former House Majority Leader Steny Hoyer on Obamacare.
“I don’t think you want me to waste my time to read every page of the healthcare bill…You know why? It’s statutory language…We hire experts.” -Senate Finance Committee Chairman Max Baucus on Obamacare
If lawmakers do not write the laws, even if they are the “authors,” how is it possible to expect authors of rules and regulations to have the best interest of the people in mind?
Engaged Americans could never possibly wade through all legislation, let alone the rules and regulations.
Consider a post made by Senator Mike Lee on Facebook. He writes,
“Behold my display of the 2013 Federal Register.
It contains over 80,000 pages of new rules, regulations, and notices all written and passed by unelected bureaucrats. The small stack of papers on top of the display are the laws passed by elected members of Congress and signed into law by the president.”
It is reminiscent of a quote by James Madison in The Federalist No. 62.
“The internal effects of a mutable policy are still more calamitous. It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”
It is not as if these rules only address internal governmental matters. Oftentimes, these rules and regulations are incredibly intrusive and directly impact business and individuals. Every single day, more rules and regulations get added to the Federal Register. The rules have become more and more political, as the recent proposed IRS rule that sought to shut down the free speech of the Tea party.
Many rules implemented come after activists sue or petition the government. This “strategic legislation” is openly used by radical environmentalists and many activists and NGOs.
“The first and governing maxim in the interpretation of a statute is to discover the meaning of those who made it.” ~James Wilson, Of the Study of Law in the United States, 1790 ———————————
SOUIRCE: Renee Nal is a prolific journalist dedicated to reporting the truth, wherever it leads. She is a co-founder of TavernKeepers.com, a news and political commentary site founded by former Glenn Beck interns. She is also a contributing editor for Liberty Unyielding, as well as the National Conservative