Ramirez on the nature of regulatory innovation

posted at 10:20 am on December 31, 2010 by Ed Morrissey

In 2011, Barack Obama will lose his party majority in the House, putting an end to his agenda — at least legislatively.  However, the Obama administration plans to conduct an end-run around Congress to pursue its agenda through regulatory innovation.  We’re already seeing previews of this at the EPA and FCC, where Obama appointees are defying Congress to expand both their jurisdictions and their regulatory regimes to enact the Obama agenda by apparatchik.

If that sounds as though Obama has decided to run roughshod over the Constitution and its separation of powers, Michael Ramirez agrees with you.  The two-time Pulitzer Prize winner and editorial cartoonist for Investors Business Daily makes the point plainly in yesterday’s entry:

Also, be sure to check out Ramirez’ terrific collection of his works: Everyone Has the Right to My Opinion, which covers the entire breadth of Ramirez’ career, and it gives fascinating look at political history.  Read my review here, and watch my interviews with Ramirez here and here.  And don’t forget to check out the entire Investors.com site, which has now incorporated all of the former IBD Editorials, while individual investors still exist.


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Unfortunately, Mr. Ramirez captures the essence of the time again.

Amendment X on December 31, 2010 at 10:26 AM

The Progressive Wish List Looking Glass!!

canopfor on December 31, 2010 at 10:26 AM

Does the Ninth Circuit Court of Appeals know that the President is trying to take over their role as America’s enthroned monarchs?

RBMN on December 31, 2010 at 10:27 AM

As usual, Mr. Ramirez illustrates the problem with deadly accuracy.

AZCoyote on December 31, 2010 at 10:28 AM

Racist!

AmericanDad on December 31, 2010 at 10:30 AM

If the problem is bypassing Congress with regulation, the answer is for the states to reject and ignore the regulation.

State legislatures should pass laws that protect businesses and consumers in their states. Have state law enforcement arrest any agency regulators that try to enforce said regulations.

darwin on December 31, 2010 at 10:32 AM

Obama: We are 5 days from FUNDAMENTALly transforming America
============================================================
Oct 31 2008

http://www.youtube.com/watch?v=_cqN4NIEtOY

canopfor on December 31, 2010 at 10:34 AM

OBAMA SAYS CONSTITUTION DEEP FLAW CONTINUES TODAY
=================================================

http://www.youtube.com/watch?v=11OhmY1obS4&NR=1

canopfor on December 31, 2010 at 10:36 AM

Obama: Constitution written “20 centuries” ago
==================================================

http://www.youtube.com/watch?v=jiRhHqlzaG4&feature=related

canopfor on December 31, 2010 at 10:37 AM

He’s a Marxist dictator in the form of Castro but nobody in that sick leftist enclave of Washington D.C. has either the guts or intellect to stop him.

rplat on December 31, 2010 at 10:39 AM

Barack Obama Constitution quote IN CONTEXT!
============================================

http://www.youtube.com/watch?v=a_xNyrzB0xI&feature=related

canopfor on December 31, 2010 at 10:39 AM

What is wrong with this Congress?

ladyingray on December 31, 2010 at 10:41 AM

Mark Levin – Constitution vs. Obama Redistributio of Wealth
October 27 2008
===============

http://www.youtube.com/watch?v=iNnyRrfKdcQ&feature=related

canopfor on December 31, 2010 at 10:41 AM

What is wrong with this Congress?

ladyingray on December 31, 2010 at 10:41 AM

It’s democrat? “Democrat” today is synonymous with Marxist.

darwin on December 31, 2010 at 10:46 AM

2001 WBZ Public Radio,Chicago,Interview with Obama,on
Redistrubution of Wealth
==========================
For those that might not of heard it!

Obama Bombshell Redistribution of Wealth Audio Uncovered

http://www.youtube.com/watch?v=iivL4c_3pck

canopfor on December 31, 2010 at 10:47 AM

Separation of powers

What was the evil that checks and balances were designed to cure? The founders presumably were haunted by monarchy and, in particular, George III. Perhaps, as some progressive historians insist, they feared the untutored masses. In this view the Constitution was foisted upon the country as an antidote against “the evils of democracy.” The prime purpose allegedly was to protect vested interests by such curbs upon the masses as checks and balances—especially judicial review—and a central government in which only the House of Representatives was to be popularly elected.

We are a Republic NOT a Democracy. If the President tries to over reach his executive power, he will be checked by the other two branches.

It’s a political no winner after the Mid Term shellacking the President took to try, and keep forcing the Progressive Agenda on Americans who have resoundingly rejected it. They lost the House, they lost in state and local government seats across the country, they lost the Senate filibuster – the Senate is no longer going to be able to rubber stamp the Progressive – Spending and Regressive Taxing. Not that the Republican House is going to send them anymore huge Spending Bills to rubber stamp. If Obama sincerely wants to be a two term President, he’s not going to enrage the Middle Class – Independent Voter.

Let’s not forget that Congress has oversight, Darrell Edward Issa, will be opening probes, and investigations. Does anyone honestly think that he won’t turn up anything in an Administration, that is run out of the Chicago Political Machine?

Dr Evil on December 31, 2010 at 10:49 AM

If the President tries to over reach his executive power, he will be checked by the other two branches.

Dr Evil on December 31, 2010 at 10:49 AM

Not if the other two branches are as radical and corrupt as the executive.

darwin on December 31, 2010 at 10:54 AM

Can we impeach him yet?

petefrt on December 31, 2010 at 11:04 AM

One picture is worth 1,000 words…or 2,000 pages, if it were Democrat legislation wasting a Trillion dollars!

stonemeister on December 31, 2010 at 11:05 AM

Ramirez is a jewel! I visit him daily for his input on issues and he is always right.
L

letget on December 31, 2010 at 11:05 AM

How many times have we heard that our elected officials don’t care about the Constitution? Who really didn’t see this coming in the 2008 elections after listening to the communist in chief? I think at some point you’ve made enough money. I think when you spread the wealth around, it’s good for everybody. The Constitution is bad because it tells the government what it CAN’T do.

I mean, we as a country should be DEEPLY embarrassed that we elected this fool to the highest position in the land.

Happy New Year and enjoy Obamacare in 2011!!!!

Sponge on December 31, 2010 at 11:11 AM

Ramirez needs his own wing in the National Gallery.

CurtZHP on December 31, 2010 at 11:19 AM

Another appointee
=====================

Obama ‘recess appoints’ Ricciardone as envoy to Ankara
Thursday, 30 December 2010

U.S. President Barack Obama late Wednesday bypassed the Senate and installed Frank Ricciardone as the new ambassador to Ankara, using a rarely exercised mechanism called a “recess appointment” to end five months without representation in Turkey.

http://www.turkishweekly.net/news/110836/obama-39-recess-appoints-39-ricciardone-as-envoy-to-ankara.html

canopfor on December 31, 2010 at 11:21 AM

Happy New Year and enjoy DEFUND & DISMANTLE Obamacare in 2011!!!!Sponge

FIFY

indypat on December 31, 2010 at 11:25 AM

Ramirez needs his own wing in the National Gallery.

CurtZHP on December 31, 2010 at 11:19 AM

CurtZHP:Speaking of galleries!
======================================

National Constitution Center

Art of the American Soldier

http://constitutioncenter.org/ncc_press_Art_of_the_American_Soldier.aspx

canopfor on December 31, 2010 at 11:25 AM

They lost the House, they lost in state and local government seats across the country, they lost the Senate filibuster – the Senate is no longer going to be able to rubber stamp the Progressive – Spending and Regressive Taxing.

The problem is zerO has made the government bigger and it’s very hard to make it smaller. Even St. Ronald had a very difficult time doing that.

Mojave Mark on December 31, 2010 at 11:28 AM

Why can’t we impeach the bast*rd for violating his oath!

ultracon on December 31, 2010 at 11:43 AM

You all may want to know how this works and send,demand that your congress critters use this to give boma a comeuppance.
Congressional Review Act (5 U.S.C. Chapter 8)
Who Oversees the Publication System?

The Administrative Committee of the Federal Register (ACFR) was established in 1935 to oversee the functions of the Federal Register publications system.

* ACFR Background
* Federal Register Publications System

§ 801 Congressional review

§ 802 Congressional disapproval procedure

§ 803 Special rule on statutory, regulatory, and judicial deadlines

§ 804 Definitions

§ 805 Judicial review

§ 806 Applicability; severability

§ 807 Exemption for monetary policy

§ 808 Effective date of certain rule

Col.John Wm. Reed on December 31, 2010 at 11:53 AM

Accurate as this observation is, I think the real problem is that all federal agencies are allowed to pass regulations that have the force of law. I am not sure when this assault on representative government was instituted but this is the US system and Obama is using it.

At some point we took a wrong turn and allowed federal agencies to “interpret” the law (when the judiciary has that role) by issuing regulations. Of course, people will say “we need regulations”, but do we? What is the law for if it can be indefinitely extended, circumscribed and re-defined in practice by officials? This is the real systemic crisis.

virgo on December 31, 2010 at 12:08 PM

Chavez just had his outgoing congress give him the right to rule by decree in order to cercumvent his new more anti-chavez congress. Obama’s move to regulatory fiat amounts to the same thing. Fortunately, Obama has not had time to pack the Supreme Court completely with sycophants like Chavez has. Some of these regulations will fall before the Roberts Court.

KW64 on December 31, 2010 at 12:18 PM

virgo on December 31, 2010 at 12:08 PM
As always a multi prong approach is best to halt this X Order BS.
De-fund,Hearings,use of sections 802, 806,citizen outrage,The Ballot box, State non compliance, lastly citizen class action lawsuits claiming mental anguish and irreparable harm.State action to tie all this up in court until we have rid this Nation of boma.

Col.John Wm. Reed on December 31, 2010 at 12:24 PM

Congress could be encouraged to not allow agencies they supposedly oversee to write regs until hearings are held and both houses approve them. We think congress is supposed to do this but as with a lot of stuff the congress has shirked it’s duty.

Col.John Wm. Reed on December 31, 2010 at 12:28 PM

All Boehner has to do is remove all funding for the EPA and FCC and they no longer exist. I’m sure Obama would get the message.

OxyCon on December 31, 2010 at 12:29 PM

OxyCon
“I’m sure Obama would get the message”
He has not so far.
Please do not hold your breath.
Happy New Year,gonna be a helluva ride.

Col.John Wm. Reed on December 31, 2010 at 12:42 PM

Congress has total control over this process as they can defund the agencies making law…As they don’t, they are complicit.

JIMV on December 31, 2010 at 1:20 PM

Is it me or do those eyebrows look… Nixonian?

Meh. I think I’ll start early on tonight’s celebrations…

karl9000 on December 31, 2010 at 1:43 PM

We are a Republic NOT a Democracy. If the President tries to over reach his executive power, he will be checked by the other two branches.

You keep telling yourself that, and G-d grant that you’re right.

The rest of us will be lubing our weapons and keeping our powder dry.

Misha I on December 31, 2010 at 1:49 PM

As each agency steps over the line, defund it. One by one.

The same day.

Without comment.

Just neutralize them.

Don’t even argue.

Just end it.

Merovign on December 31, 2010 at 1:53 PM

Don’t forget the powers the TSA has given itself overnight. And they’re not finished yet.

scalleywag on December 31, 2010 at 2:24 PM

Dr Evil, Lincoln proved in the Civil War that as long as a President has 1/3 of the Senate who will refuse to impeach him, the rest of the Congress and the courts do not matter. At that point, our only hope will be that the military can recognize a “domestic enemy”.

SDN on December 31, 2010 at 2:50 PM

Maybe the House should invite Mr. MackDaddy to The Reading.

davidk on December 31, 2010 at 3:58 PM

Defund, strip money from the executive branch.

SilentWatcher on December 31, 2010 at 4:48 PM

There are times when the Pulitzer Prize is actually deserved. Probably more often than most of the other prize prizes.

SukieTawdry on December 31, 2010 at 4:59 PM

As each agency steps over the line, defund it. One by one.

The same day.

Without comment.

Just neutralize them.

Don’t even argue.

Just end it.

Merovign on December 31, 2010 at 1:53 PM

Agreed…you would only have to do it once…then those agencies would consider what Congress intended before they decide to write law…

JIMV on December 31, 2010 at 7:53 PM

Progressive Power forever!!!

The DOTUS is the most successful Progressive Ruler since FDR.

I mean LBJ had Medicare/Medicaid and FDR had the “New Deal” explode the size of the Federal Government but OBAMACARE puts this Oval Occupier in the upper echelon of Freedom taking Progressives. He’s so far……in Wilsons’ league for sheer effectiveness (like it or not).

The DOTUS can move on (if forced) at 12:01 on January 20, 2013 to his new job as King of the World (UN Leader or such) and can hang his head high as the greatest Progressive God since Wilson at the rate he’s going.

Let’s hope he ultimately fails.

PappyD61 on December 31, 2010 at 8:14 PM

Congress has total control over this process as they can defund the agencies making law…As they don’t, they are complicit.
JIMV on December 31, 2010 at 1:20 PM

……and what is the motivation for Congress to reign in the size and scope of the Federal Government (their power base)?

…..it’s not there.

Congress is totally willing to go-along and I don’t think even Jesus could get these moneychangers in our Federal Temple to change their ways.

PappyD61 on December 31, 2010 at 8:17 PM

In 1995 the government went out of business, and no-one even noticed. Actually twice. The first thing they closed were the National Parks, the department that probably costs the least to run, and actually makes money from seasonal passes and such.

Funding and budget HAS to originate in the House. The new speaker needs to know that Obama MUST sign whatever he’s given, or the government turns off. The Senate MUST pass whatever the House sends it. It really has no choice.

I don’t care what they send back. The House simply disapproves it and forwards it again.

Obama can’t be seen to oversee a failure. He will pressure the Senate to approve the bill, just to keep the government departments he rules, to continue AT ALL.

http://en.wikipedia.org/wiki/United_States_federal_government_shutdown_of_1995

It didn’t end well for the Republicans because of Gingrich statements later, but the method is tried and true. And Obama doesn’t have the 5 points that Clinton had, or the ‘nads.

50% of every department of this thing we call the “Feds” has to go. Some entire Departments. And the Presidential discretionary funding, foreign aid (all of it), and the UN (right now).

Keep funding the Police, FBI, CIA (needs an increase – boots on the ground), Pentagon (please, feed our green machine +20% and put some on the border until WE GET OUR %$^%#$% FENCE!), DEA – gone, EPA – gone, FCC – gone, ATF – gone, Education – gone, Commerce – gone, UN -gone, National Parks – gone, NSA – (serious oversight), Homeland Security? (I see someone in the top seat as an actual “Police Officer with FLETC training or at least POST… required… thinking Sheriff Joe… but thats just me. AND an actual budget, and why does HSA need a blogger?), TSA? -(I’m thinking you couldn’t find a bomb if you were strapped to it. Profile based on Israeli trained agents. BUT PROFILE! and pass theeir training), now I’m ranting, National War Monuments Commission – (Just exactly how often do we need them again?), How much more are we going to give Rum Manufacturers?

Administration for Children and Families (ACF)
Administration for Native Americans
Administration on Aging (AoA)
Administration on Developmental Disabilities
Administrative Committee of the Federal Register
Administrative Conference of the United States
Administrative Office of the U.S. Courts
Advisory Council on Historic Preservation
African Development Foundation
Agency for Healthcare Research and Quality (AHRQ)
Agency for International Development
Agency for Toxic Substances and Disease Registry
Agricultural Marketing Service
Agricultural Research Service

This isn’t even the top third of the A’s

http://www.usa.gov/Agencies/Federal/All_Agencies/index.shtml

My religion is the Constitution, and it requires that you obey it’s law. Anything circumventing this is against my religion. You wanna be PC? Respect my religion. Or else…

docjohn52 on January 2, 2011 at 1:36 AM

virgo December 31, 2010 at 12:08 PM

” … the real problem is that all federal agencies are allowed to pass regulations that have the force of law …
At some point we took a wrong turn and allowed federal agencies to “interpret” the law … This is the real systemic crisis. ”
================================

Yes, absolutely.

And now we have an entrenched system that cannot be eradicated. (After all, how could it be done? Legal challenge?– suddenly after how-many decades, it’s illegal? Nope. Will the regulatory agencies decide they’re not needed and voluntarily disband? Nope. What’s the workable option? …{crickets chirping}… )

I’m afraid we’ll have to wait until AFTER “whatever-shape-the-Revolution-takes” and we’re writing a NEW Constitution that incorporates all our new wisdom (added to that of the Founders): for instance, no public-sector unions; no cash grants — having government hand out money INVITES corruption; no legislation-from-the-bench; no “group grievances” and “group redress”; the legislature will limit itself to ONE TOPIC for each bill — eg, no sticking student-loan revisions into health-care bills; all legislation will have sunset provisions; enact term limits for all federal positions — civil service as well as elected officials; and so forth.

I would also suggest a few new requirements regarding our legislators and their activities: passing a bill without having read it SHALL BE a capital offense; the individual states SHALL ENACT processes whereby their legislators can be recalled (currently this is hit-or-miss among the states).

What else should we put into “U.S. Constitution 2.0″ ?

A_Nonny_Mouse on January 2, 2011 at 3:11 PM