Two cases of improper delegation and usurpation by federal authorities
NOTE: In an upcoming edition, Agenda Setters by Downsize DC will announce the largest outreach program in its history. Stay tuned.
- The CDC (Centers for Disease Control) made it illegal for landlords to evict people for non-payment of rent. Where did they get this power, and what can we do about it?
- The FTC (Federal Trade Commission) is now fining chiropractors (and potentially others) for claiming that vitamin D and zinc can treat covid-19, even though there is ample scientific evidence for both claims. Where did they get this power, and what can we do about it?
Let’s look at these problems one by one and then strategize a cure…
Delegation and usurpation involving the CDC
The CDC will tell you that Congress gave them the power to protect your health. They claim they cannot do that if their quarantine policies lead to job loss and evictions. After all, how can someone be quarantined or remain healthy if they have no home? So…
To achieve their goals, the CDC claims Congress also gave them an implied power to block evictions under conditions of lockdown or quarantine.
This implied power supposedly arises from the power Congress gave the CDC to regulate our behavior during disease outbreaks. But…
This power to regulate is actually a power to legislate, and that power resides with Congress alone.
Congress must debate and pass all rules you are required to obey – even those crafted by the CDC. It cannot delegate this power to Executive Branch agencies like the CDC.
The CDC eviction dictate was a specific new rule that was never written, debated, or passed by Congress. This rule represents a usurpation of legislative power by Executive Branch bureaucrats.
This usurpation is a predictable outcome of delegation. Congress itself assumes that it can delegate its legislative power to unelected bureaucrats, so it’s natural for said bureaucrats to legislate robustly. This must end!
Delegation and usurpation involving the Federal Trade Commission
Congress did instruct the FTC to issue fines for fraudulent claims about COVID-19 treatments. However…
Claims of fraud should be brought by victims and adjudicated in a court of law. They should NOT be prejudged by Executive Branch bureaucrats, no matter what Congress may have said. This point is crucial to understand…
Congress has no constitutional authority to delegate either its own legislative power, or the judicial power, to unelected bureaucrats. Such delegation must end!
We have the cure for delegation and usurpation
We created the Write the Laws Act (WTLA) to solve the delegation and usurpation problem.
WTLA has been introduced in the Senate. It would require all rules crafted by unelected bureaucrats to be read, debated, and either passed or rejected by both chambers of Congress.
Any rule created in violation of this requirement could not be enforced by courts.
Citizens could use congressional non-compliance with WTLA as a complete and sufficient defense.
WTLA would end congressional delegation of its legislative powers. It would restore the division of powers and reinvigorate checks and balances.
WTLA would also slow the growth of government power and end tens-of-thousands of bureaucratic usurpations. The constant flood of new regulations would slow to a trickle.
You can help us pass WTLA by becoming one of The 300 for this issue. The 300 will visit local congressional offices, in waves of 3, 5, or 6 people, seeking sponsors for WTLA.
Our cutting-edge strategy called “Option Activism” means that you won’t take any action until 300 people in your district are committed to taking that action with you.
But making this commitment has an even deeper significance…
Be an Agenda Setter
Most people are led around by the nose. The media and the politicians set their agenda for them. Most people focus on the issues and arguments the media and the politicians feed to them. This usually involves creating conflict between groups so as to divide and conquer. This system of media agenda setting and political exploitation is a Conflict Machine.
We’re looking for people who want to exit this Conflict Machine. We’re looking for people who will ignore media agenda setting and instead set their own agenda as part of a strategy to eventually set the agenda for Congress. You can do that right now by pushing this button…
Please also help us recruit and activate other Agenda Setters. Contribute or start a monthly pledge.
Remember, stay tuned to this newsletter for news about the largest outreach program in Downsize DC’s history.
Jim Babka, President
Agenda Setters by Downsize DC
Today’s Action: Join The 300 for the Write the Laws Act (WTLA)