Is DOGE legit? Vivek posts a compelling, case by case legal justification for why it's not only legal, it is NECESSARY
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I’m in favor of DOGE is legit. ____ U.S. S. Ct. got us on the right track as far as reigning in the agencies and policy abuse.
In the 2022 case I think they ignored (or put limits upon) what Chief Justice White wrote in the first major tax case (1916) after the 16th Amendment was shammed into effect. In Brushaber v. Union Pacific (see the last paragraph of the Chief J.’s opinion for the court) Chief J. wrote in a way that seemed to look favorably upon agencies making up their own rules as long as Congress gave the agency a mission to fulfill. https://supreme.justia.com/cases/federal/us/240/1/
“We have not referred to a contention that, because certain administrative powers to enforce the act were conferred by the statute upon the Secretary of the Treasury, therefore it was void as unwarrantedly delegating legislative authority, because we think to state the proposition is to answer it. Field v. Clark, 143 U. S. 649; Buttfield v. Stranahan, 192 U. S. 470, 192 U. S. 496; Oceanic Steam Navigation Co. v. Stranahan, 214 U. S. 320.”
From these cases up until the West Virginia 2022 case the agencies made up regulations as they saw fit, and courts upheld the agencies’ powers and regulations as long as Congress had legislated “missions” for the agencies to fulfill.
With the 2022 case, and the “Major Questions Doctrine” agencies simply cannot make up regulations that have broad economic and political consequences unless Congress has specifically delegated the power to regulate the specific issue in question.
What agencies can still do: make regulations for clean air and fuel economy standards for the automobile industry.
What agencies cannot do is impose such high fuel economy and smogging devices such that gas and diesel cars would be instantly banned from production, because such regulations would have a “large-scale impact” of an economic and political issue.