I love it when a state uses their constitutional authority to stand up to the federal government and just say no. We’ll look at one example next, on the Constitution Study.
Like many of you, I am a product of the public schools. Like many of you I thought the Constitution was for lawyers and judges.
One day I read the Constitution, and was surprised to find I didn't need a law degree to understand it. Then I read the Declaration of Independence, the Federalist Papers and even the Anti-Federalist Papers. As I learned more and more about our founding fathers and documents I saw how little we know about how our country was designed to work and how many people just didn't care.
I started The Constitution Study to help those who also want read and study our Constitution.
2 thoughts on “090 – Texas AG Stands up to Congress”
I agree with the AG of Texas and the premise that Congress is not the rule maker, enforcer, and judge to any state action or in fact federal action either. Obviously that is the reason the founders instituted three branches of government. The other problem is the “Administrative State” by not ad hearing to the non-delegation doctrine that Congress has given all of the powers of government to select agencies (i.e. EPA). The principle that Congress may not delegate its legislative power to administrative agencies. The nondelegation doctrine forces a politically accountable Congress to make the policy choices, rather than leaving this to unelected administrative officials. We need to strip these agencies of their power and go back to the non-delegation doctrine.
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Eric, thank you for your comment. It is well said, but I would make one comment. Congress does not have authority over the states, but it was given the most power within the three branches created by the Constitution. One of the reasons the failure to enforce the non-delegation doctrine is such a problem is the moving of power from the representatives of the people and the states to the permanent bureaucracy. If we held our elected representatives accountable to their oath of office to support the Constitution, we could reign in the unaccountable bureaucratic state.
I agree with the AG of Texas and the premise that Congress is not the rule maker, enforcer, and judge to any state action or in fact federal action either. Obviously that is the reason the founders instituted three branches of government. The other problem is the “Administrative State” by not ad hearing to the non-delegation doctrine that Congress has given all of the powers of government to select agencies (i.e. EPA). The principle that Congress may not delegate its legislative power to administrative agencies. The nondelegation doctrine forces a politically accountable Congress to make the policy choices, rather than leaving this to unelected administrative officials. We need to strip these agencies of their power and go back to the non-delegation doctrine.
Eric, thank you for your comment. It is well said, but I would make one comment. Congress does not have authority over the states, but it was given the most power within the three branches created by the Constitution. One of the reasons the failure to enforce the non-delegation doctrine is such a problem is the moving of power from the representatives of the people and the states to the permanent bureaucracy. If we held our elected representatives accountable to their oath of office to support the Constitution, we could reign in the unaccountable bureaucratic state.