Re: Unenforced Constitutional Clauses, WAS Re: property Rights

Michael S. Lorrey (
Thu, 10 Jun 1999 08:55:09 -0400

Billy Brown wrote:

> 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.
> <snip>
> > 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.

Actually, Congress' lawmaking power is limited to those areas it is allowed to pass laws about in the Constitution. The Tenth Amendment reserves all other areas to the States as the residents of those states choose to delegate to them.


Michael S. Lorrey
Owner, Lorrey Systems
Director, Grafton County Fish & Game Assoc.
Member, Extropy Institute
Member, National Rifle Association
"Live Free or Die, Death is not the Worst of Evils."
                  - General John Stark