Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Legal Information’

… Ambiguity in the Clean Air Act [& Amendments] …

Posted by paulfromwloh on Saturday,July 5th,2014

.. yes , it does matter .

.. you might ask , huh ? ..

.. [h/t — m.NationalReview//BenchMemos]..
.. [link] to the blog post …

.. an agency gets a certain amount of latitude in how to interpret a statute . That latitude , due to a certain US Supreme Court case [Chevron v N.R.D.C.] is referred to as ” Chevron deference . It is actually quite simple , as it is a two – prong test . Part One is Congressional intent . If Congress has clearly spoken , then that is it . Part Two is where things get a lot more dicey . If things are ambiguous , then is the agency ‘ s ” construction ” of the meaning reasonable and applicable to the statute . If not , then , down the drain …….

.. It matter a lot , because the ObamaCrap E.P.A. is using that ” Chevron Deference ” in order to be able to regulate ” greenhouse gases . ” If their interpretation is struck down , as I think is really possible , then His Lordship ‘ s ” Climate Change ” diktat is toast …

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… It is That Simple , POTUS …

Posted by paulfromwloh on Friday,November 15th,2013

.. you screwed up , you abused power , and you did things that you should not have done .

.. You are not a dictator . You are the President , one whose oath mandates that you ” take care that the laws be faithfully executed . ” Changing laws and giving administrative deference is one thing — it is (legally) called Chevron deference — but rewriting laws to make administrative changes , changing their  fundamental character , even in small ways , is wrong , very wrong .

..  Either ObamaCrapCare works , or it does not . My bet , and my evaluation is , that it will not …

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