RE: Unenforced Constitutional Clauses, WAS Re: property Rights

Billy Brown (
Thu, 10 Jun 1999 00:04:10 -0500

On Friday, June 04, 1999 11:40 PM, Raymond G. Van De Walker [] wrote:
> Ron Kean Wrote:
> My favorite example is Article IV, section 4, which guarantees to state
the right of republican government.
> So, federal regulations are illegal if they coerce states (and possibly
> state citizens) without formal representation of the populace as a whole.
> This means EPA regulations, IRS regulations, FDA regulations, etc.

Why get that fancy? The Constitution does not authorize any body other that Congress to pass laws. In light of the doctrine of enumerated powers, it should be clear that Congress has no authority to delegate its law-making power to another body. Therefore, no government agency can claim a legitimate authority to create administrative law.

Unfortunately, it doesn' t matter. Only a few 'radical nuts' would endorse this position today, and there is not the slightest chance that the Supreme Court would back such an interpretation. Maybe in another generation, if we can manage to roll back the infringements that the puplic is actually willing to see...

Billy Brown, MCSE+I