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Latest EO: Only the President can speak "for what the law is"

Discussion in 'Too Hot for Swamp Gas' started by citygator, Feb 18, 2025.

  1. gator_jo

    gator_jo GC Hall of Fame

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    And bibles.
     
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  2. citygator

    citygator VIP Member

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    Sadly the only course is watching Trump destroy what we built over 250 years with EOs so the GOP loses reps next cycle. He wont get any budget legislation done without every GOPer, he wont get passed filibusters, and he will be in court for years.

    What else is there?
     
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  3. gator_jo

    gator_jo GC Hall of Fame

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    ^ He'll get top-bracket and corporate tax cuts. And he'll steal a lot. So there's that.

    Oh, and he'll let aggrieved culture warriors and racists feel like they've won something. For a few years, at least.

    Remember: we've all seen this movie before.
     
  4. uftaipan

    uftaipan GC Hall of Fame

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    I think you need to read the article. Agree with it or not, the EO is directed at rolling back the authority of federal agencies to interpret the law, not the judicial branch.
     
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  5. slocala

    slocala VIP Member

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    He needs no tax on tips and no tax on SS. If he get those, I think the Pubs retain the House. You get no tax on tips, but everything costs more because of tariffs. Voters can’t tie the two together because the Dems don’t have a calculator on every website for kitchen table talk to make sense to the middle class.
     
  6. Orange_and_Bluke

    Orange_and_Bluke Premium Member

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    Looks like yet another joke thread from the libbies.
    Better hope “you know who” doesn’t catch wind of these libbie wasteful threads…
    [​IMG]
     
  7. slocala

    slocala VIP Member

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    This has been an efficient use of resources. Congress, rather than building an entire army of experts to help them write a clear law, dropped interpretive guidance under the Executive Branch. People that want Congress to do a better job of writing the law and eliminating regulation miss the point — the administrative apparatus under Congress would be higher. Here is the key: Congress should have a LLM and AI to assist and identify inconsistencies in their law and draft tighter legislation. There is an incredible opportunity to kick out K-Street writers who hand the language to Congressional aids via AI and clean bills.
     
  8. wgbgator

    wgbgator Premium Member

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    The courts are still going to have to weight in on if the "Unitary Executive Theory" is real whenever something is challenged. Legal theories kinda have to be. Perhaps the courts will willingly hand the executive even more power than they already have.
     
  9. exiledgator

    exiledgator Gruntled

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    Fair enough. I have not read the EO, but these laws are purposely written with some ambiguity because law makers don't have the required knowledge and understanding to properly enforce them. I don't believe the executive branch does either.
     
  10. sierragator

    sierragator GC Hall of Fame

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    If the executive has the exclusive right to determine what is legal and what is not, then what do we need the judiciary for? There were three co equal branches of government for a reason. It seems some have either forgotten that or don't feel that is necessary any more.
     
  11. uftaipan

    uftaipan GC Hall of Fame

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    Again, never mind what the thread title implies, according to the linked article, this EO is strictly about limiting the interpretive authority of regulatory agencies, not the judicial branch. It’s a separate argument.
     
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  12. demosthenes

    demosthenes Premium Member

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    Technically the agencies are in the executive branch and the President is in charge of them already. I agree with your point though, especially as it pertains to this President. The people with the expertise to draft the rules and regulations are the specialists in the agency, not our elected officials in most cases. If the President colors outside the lines in dictating what the agencies am an and can’t do, theoretically the courts will step in the same as if the agency had done it of its own discretion. With Trump’s packed courts there’s unfortunately no guarantees with that.
     
  13. exiledgator

    exiledgator Gruntled

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    Yes, ha. I knew I'd get nit picked for that, but didn't have the time to clarify.

    The EO wasn't created to keep the status quo, it was to put the control of regulatory nuance directly into the hands of the pres, and more directly, his oligarchs.
     
  14. citygator

    citygator VIP Member

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    The argument is that congress set them up as independent agencies but Trump is usurping that directive and putting politics into regulatory agencies. It is a valid criticism and another step to authoritarianism the right casually embraces. I hope the democratic president in 2028 has the courage to rape the institutions of America for liberal preferences.

    Trump Signs Order Expanding Power Over Independent Agencies Like FCC and SEC - The New York Times

    President Trump issued an executive order on Tuesday that seeks greater authority over regulatory agencies that Congress established as independent from direct White House control, part of a broader bid to centralize a president’s power over the government.

    The order requires independent agencies to submit their proposed regulations to the White House for review, asserts a power to block such agencies from spending funds on projects or efforts that conflict with presidential priorities, and declares that they must accept the president’s and the Justice Department’s interpretation of the law as binding.

    “This is a power move over independent agencies, a structure of administration that Congress has used for various functions going back to the 1880s,” said Peter M. Shane, who is a legal scholar in residence at New York University and the author of a casebook on separation-of-powers law.

    The order follows Mr. Trump’s summary firings of leaders of independent agencies in defiance of statutes that bar their removal without cause before their terms are up. Collectively, the moves constitute a major front in the president’s assault on the basic shape of the American government and his effort to seize some of Congress’s constitutional power over it.
     
  15. wgbgator

    wgbgator Premium Member

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    It seems the EO is directed more at "congress specifically outlined X in what they drafted, but I am the authority on that actually." No need for an EO to state the existing status quo? Either that or its a shot at the courts saying "actually Chevron is good now."
     
  16. uftaipan

    uftaipan GC Hall of Fame

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    Exactly. It’s a separate argument than one asserting Presidential authority over the judiciary. That is my point.
     
  17. jjgator55

    jjgator55 VIP Member

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    That’s like saying it’s Ukraine’s fault for Russia invading it.
     
  18. jjgator55

    jjgator55 VIP Member

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    Uh I do believe the DOGE plan is to cut all entitlements including social security so how do you tax what doesn’t exist? Further, I don’t know anyone who claims tips on on their tax returns. That’s a slogan for a bumper sticker, not policy that helps Americans.
     
  19. GatorBen

    GatorBen Premium Member

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    This is the different argument that executive branch agencies don’t have the authority to determine what the law is for purposes of setting regulatory policy independent of the President. It actually probably has a decent bit of support under the Article II vesting clause and the Take Care clause (in essence the argument that the constitution vests the executive authority of the United States solely in a president, so there is not constitutional authority for appointees to exercise executive authority independent of the president).

    Trump did himself no favors by making his language unnecessarily bombastic, and the press made it worse by blowing it out to even more dramatic and misleading phrasing, but this is largely the same unitary executive theory argument every Republican president from Reagan on has made.
     
    Last edited: Feb 19, 2025
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  20. slocala

    slocala VIP Member

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    Link? First I heard DOGE can cut SS.