Laws vs Regulations

Posted by $ Ben_C 1 week, 2 days ago to Government
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After considerable digging I have come to the conclusion the laws vs regulations carry pretty much the same weight with enforcement. Laws tend to have jail and financial penalties whereas regulations tend to have financial and ownership consequences. The biggest difference is that laws are debated and voted on by Congress whereas regulations are determined by bureaucrats with little if any input from outsides sources. Regulation without Representation. A citizen can petition the regulatory agency to change the regulation but good luck with that. Its time these agencies get challenged and dismissed.
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  • Posted by CaptainKirk 1 week, 1 day ago
    Regulations were Congresses way of NOT DEALING with issues, and allowing the creation of a Bureaucracy that runs itself... And our country into the ground.

    Congress has Abdicated their responsibilities so that they can get their families involved in influence peddling/profiteering at the expense of the people...
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    • Posted by $ blarman 1 week, 1 day ago
      Precisely. The reason government has grown so big is because Congress has delegated their authority to regulatory agencies AND granted them rule-making authority. This presents a huge conflict with the notion of separation of powers because the Legislature doesn't have much authority over the regulatory agencies. Sure they can hold hearings, etc., but these are largely meaningless because Congress' only redress is impeachment and removal of the offending appointed bureaucrat.

      In my opinion, what needs to happen actually needs to be a change to the way the Judicial branch deals with agency rulemaking. A seminal case in jurisprudence resulted in what is known as Chevron deference and allows the bureaucrats nearly unlimited authority to "interpret" their legislated powers. When confronted with a bureaucracy which oversteps its bounds, the Judicial should instead void the decision and refer the matter to the Legislative to clarify how the matter should be dealt with. Would it be a pain in the rear end? Absolutely! And that is the point. We need to get Congress OUT of the habit of simply creating agencies and BACK into the habit of creating law. The Legislature SHOULD be the ones telling the bureaucrats - and by extension the judiciary when it has to rule on a matter - how to interpret the law since they wrote it in the first place.
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  • Posted by $ 1 week, 1 day ago
    Thank you all for a great discussion. I leaned today that in the College of Veterinary Medicine at Michigan State University a student is held from graduation if the student does not get the mandatory rabies vaccination AND follow up antibody titre. Talk about insane regulations. This predates Covid. Perhaps Fauci got his regulations from MSU.
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  • Posted by $ ArtIficiarius 1 week, 1 day ago
    Concord Green (on has suggested that ALL (EACH AND EVERY) law and regulation be reviewed and voted on individually by the Congress regularly, and with SHORT period between such reviews. . Check out CFR to see the motivation for this suggestion.
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    • Posted by rhfinle 1 week ago
      How about this? Every regulation has a one-year waiting period before it's enacted, and a one year lifespan. If they want to continue it, it should be accomplished by a 2/3 vote in Congress. Better yet, eliminate all regulations and regulatory agencies.
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      • Posted by $ ArtIficiarius 1 week ago
        One year waiting - too long.
        One year lifespan - too short.
        Eliminate all regulations, hmmm. Better- eliminate gating reviews. Effect compliance through comprehensive, certified (by professional engineers (PEs)) reviews prior to actions.
        Eliminate regulatory agencies - enabled as above!
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  • Posted by $ Thoritsu 1 week, 1 day ago
    Any thing that constraints freedom, should be voted on by our representatives, approved by the executive and be compliant with the constitution.

    The executive branch should NOT be allowed to legislate. This is oligarchy, and where we have gotten to with 10,000 federal agencies.
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  • Posted by CircuitGuy 1 week, 1 day ago
    My understanding is regulation is supposed to set up rules that prevent regulation. Instead of having everyone who has smoke, noise, or something else from an adjacent property diminishing their property litigating it in court, they try to set up a rule of how much smoke, noise, etc you can emit.

    In practice, this is the government managing this, companies work the system to undermine their competitors. I also think it sometimes metastasizes into something more onerous than the litigation it was supposed to forestall.

    I thought regulations had to be passed by Congress, but I don't understand the process at all. I would be interested in a book on this topic.
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    • Posted by $ 1 week, 1 day ago
      Congress sets up the Departments ie EPA. The bureaucrats in the Agency set the rules and regulations. If you have a problem with the regulations one petitions the Agency, not Congress. Of course the Agencies never reduce themselves in size, they always enlarge like a cancer. And, I suspect Agencies are pretty much immune from litigation by citizens. Our freedoms will be regulated into oblivion.
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  • Posted by $ kbillado 6 days, 1 hour ago
    Congress has long ago given up their job of writing laws. The bureaucrats have way too much power and congress is ok with that. They are not subject to the regulations of the bureaucrats or even the few laws that they make. It needs a major revamping.
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  • Posted by term2 1 week, 1 day ago
    To the extent we all can live under the radar, that seems to be the best tack to take. Sometimes we will be fined, but that is the cost of living here.
    Hiding in plain sight seems to work best- what do they call it? the "gray man" attitude. Dont stand out, and do whatever you think is best for your life quietly.
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