re: Judge Amy Berman Jackson Rules the Bureaucracy Controls the Executive Branch, Not POTUS

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The EPA was writing and rewriting laws to suit their agenda.

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The only real solution is for Congress to tighten up the language regarding these agency mandates and build approval/teeth into what happens if an agency attempts to go outside of specific mandate.

The can call it the Obama Restraint Act as he really fricked up everything and it needs to be unfricked.

Which get back to some of my posts regarding Congress getting busy now fixing this shite as EO’s aren’t a permanent solution.

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It’s not a theory.

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Then answer the question posed: why do we have so many agencies and Cabinet positions if all we need is one?

Hell, how is the APA Constitutional? That's a law from Congress mandating the process the Executive is bound to in order to enact new policies and regulations.

If the Executive doesn't follow the APA, the regulation enacted is illegal. How can Congress do that?

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How would it even be possible for a legislative body to dictate daily operations?

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Nobody is talking about "daily operations". We're talking about the framework itself over those "daily operations".

I'm asking how the FDA can regulate Wall Street (it cannot).

You're asking how Congress could dictate the daily operations of the FDA regulating Wall Street, ignoring that the FDA has no statutory authority to do so in the first place.

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If they have unlimited authority, who cares?

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WTF?

Need to impeach these judges ASAP

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Seems like terminating a watch dog for no reason before the end of the term set by congress for the appointment is unconstitutional to me.

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Seems like you're retarded to me.

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Who does the “independent” agency report to?

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That's being highly specific, but it depends on the agency.

The Fed reports to no one, effectively.

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Are there independent agencies in the legislative or judicial branches?

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The "legislative branch" is established by the Constitution and isn't bound by the acts of anyone else to create it (unlike an executive agency, which is only created by the legislature).

Now the judicial branch is different, as Congress is given the Constitutional authority to create lower courts other than the Supreme Court. These lower courts are similar to executive agencies as they are only in existence at the leisure of Congress.

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What prevents a preceding president from appointing a nefarious “independent” person on his way out of office?

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For which position?

For one with a term, I already answered that. This would only be theoretically available if the term was over in that time period regardless.

For one without a term, he can, with Senate approval. That's based in the appointments clause clearly, which is why they all got replaced when Trump asian over.

I already said in this specific instance the appointments clause will likely take over this matter. You were arguing much more broadly, though.

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Then answer the question posed: why do we have so many agencies and Cabinet positions if all we need is one?

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Manpower. A single person can only handle so much.

We do have more than we need.

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I'm asking how the FDA can regulate Wall Street (it cannot).

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How can FEMA be involved in housing illegals?

How can the Department of Agriculture be involved in education?

I could give hundreds of examples of agencies and departments operating outside of their mandates.

And the FDA is already heavily involved in regulating Wall Street, and works with the SEC regularly.

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Manpower. A single person can only handle so much.

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Does this have any historical or jurisprudential backing?

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How can FEMA be involved in housing illegals?

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It's within the statutory authority, no matter how many times y'all keep trying the gotcha.

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I could give hundreds of examples of agencies and departments operating outside of their mandates.

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No you can't. You can find examples you may think are, but I'll bet the vague Congressional wording permits the Executive action. If not, there would be lawsuits.

If you ever look at the USSC's docket, it's filled with these sorts of cases. I imagine it would be the majority of cases they hear.

You forgot to answer this:

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Hell, how is the APA Constitutional? That's a law from Congress mandating the process the Executive is bound to in order to enact new policies and regulations.

If the Executive doesn't follow the APA, the regulation enacted is illegal. How can Congress do that?

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Manpower. A single person can only handle so much.

Does this have any historical or jurisprudential backing?

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So Alabama only needs one coordinator not one for offense and one for defense.

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No one has claimed that the executive branch has the power to make laws.

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Only regulations, executive orders, and policy

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But the executive has full power to direct his departments to do as he chooses.

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Again, explain how the APA can work, then.