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View Diary: UPDATEDX2 Rahm Emanuel puts halt to Bush's Midnight regulations (242 comments)

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  •  Regulations implementing laws should implement (1+ / 0-)
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    bamjack

    the laws they are designed to fill out.  When an administration in its waning days does this sort of stuff it is often to keep laws from being implemented.  Yet the executive is not the legislature and they should not be in a position to gut a duly passed law by writing regulations contrary to its purposes.  So while the president is still president even after the other side may have won the next election, the president should not have powers which allow him/her to overturn legislation.  Many of these last minute changes are not truly implementation of legislation passed by our nation'l legislature.  So some limits here are not such a bad idea.

    •  The law can allow stretch (1+ / 0-)
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      mvr

      Some legislation is so exacting in detail that there is very little wiggle in the regulations. Other times, the legislation is in essence an enabling act.

      Under FDR, there was no question about the law that banned most child labor. The regulations would have been written to reflect the meaning of the legislation that said, regulations shall be implemented to prevent child labor under xyears.

      The Bush people would look at the same law and say, aha, there's a place to squirm through. And they would do the regulation and in the world that was all GOP, no one would stop them. The law can be legitimately be stretched in regulations. An enabling pollution act might to codified in CFR as barring .75 micrograms of xchemical. The legislation could allow a discretional setting.

      For most of the last 75 years, courts would have tossed out the revisions. In other cases, it might not be so clearcut.  

      The difficulty of these regulatory changes is that they're difficult to challenge. You have to have standing. You'd need  a child to be plaintiff, the money to carry the case. Multiply that by 10,000 regulations and you get an idea of the negative power of the presidency.

      This administration changed the regulations they didn't like and ignored the ones that they didn't change, including the Uniform Military Code of Justice.Bush's departure allowed a lot of military a sign of relief on that one.

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