Article 1, Sect. 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Hmm… So the FDA and EPA can’t make laws regarding our crops and food sources, without passing Congress?
But, evidently they are… so… what happened?
Constitutional Law by Mike Farris, points out.. Constitutional Law! He shows us how it is not being followed in today’s society, and Enlightens Citizens about what the Constitution is, and what’s in it.
I’m not yet finished with Chap. 1, and it has enlightened me.
Does anyone know about the “Glancing Goose Law?” Well, apparently if a goose flying over the land sees its reflection in the water, then this land is federal wetland. The theory is that this land is part of the “”navigable waters”… of the United States” and thus subject to federal regulation.
Mr. Farris addresses this –
“These EPA rules must be obeyed. Rules issued by the government that must be obeyed are laws-no matter what label anyone puts on them. All legislative power in the United States was supposed to be exercised by Congress. If we are to follow the Constitution, no regulations of this type may be directly issued by the EPA.” – Mike Farris, Constitutional Law
If we were to follow the Constitution in Law- making, it would look something like this:
~ The EPA drafts the regulation it desires.
~ The regulation is submitted to both the House and the Senate for approval (both branches of Congress).
~ If both houses approve, then it is sent to the President for signature.
~ If the President signs it, then it is law.
At times, we have heard of certain people taking certain agencies to court for certain laws that were not submitted to Congress.
But why doesn’t the Supreme Court rule such laws enacted by the EPA to be unconstitutional?
“The Supreme Court has undermined the meaning of Article 1, Sect. 1, and allowed federal agencies to make laws. In so doing, the Supreme Court has also legislated-it has amended the Constitution, not by the formal amendment process, but by the effect of its decision. The example above contains two violations of the moral principle that only legislators can make law- first by the EPA (defining wetlands) and second by the Supreme Court (permitting administrative agencies to make law).” – Mike Farris, Constitutional Law
“All power exercised over a Nation must have some beginning. It must either be delegated or assumed. There are no other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.” – Thomas Paine, The Rights of Man
Are we following the Constitution in allowing the EPA and FDA to enact laws that have not passed Congress, and not questioning the Supreme Court in ruling them as unconstitutional?
There, my friends is a small snippet from my study of Constitutional Law.
May it enlighten you.
– Moriah Renata