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"Ensuring Accountability for All Agencies" – Executive Order

whitehouse.gov

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Re: "Ensuring Accountability for All Agencies" – Executive Order

#171
post #7

“ Sec. 7. Rules of Conduct Guiding Federal Employees’ Interpretation of the Law. The President and the Attorney General, subject to the President’s supervision and control, shall provide authoritative interpretations of law for the executive branch. The President and the Attorney General’s opinions on questions of law are controlling on all employees in the conduct of their official duties. No employee of the executi…

I think a lot of people that are freaking out are missing that this applies to the executive branch, over whom the President has already perfectly well established. Literally the first statement of article 2 of the US Constitution (which lays out the power/rules for the executive branch) is "The executive Power shall be vested in a President of the United States of America." The main point of this executive order is…

We’re not “missing” anything, your interpretation of the Constitution is incorrect. You may want to scroll up and read Article I, which constrains Article II (that’s why it comes first).

Your understanding of Chevron deference is also incorrect, for what it’s worth.

Re: "Ensuring Accountability for All Agencies" – Executive Order

#172
post #147

Earlier quoted context omitted.

I think a lot of people that are freaking out are missing that this applies to the executive branch, over whom the President has already perfectly well established. Literally the first statement of article 2 of the US Constitution (which lays out the power/rules for the executive branch) is "The executive Power shall be vested in a President of the United States of America." The main point of this executive order is…

> It required the judicial to completely defer to the executive branch in cases where the laws around executive departments (generally relating to the the limits of their regulatory power/authority) were ambiguous. Why doesn’t congress do its job and write laws that do things?

The way regulatory authority works is that Congress writes laws that offer general guidance, and then regulatory body creates rules around that guidance. It can enable them to quickly react to changing scenarios, and also offer greater expertise or more detail than may be reasonable to expect of Congress. The issues arises when it's unclear if actions and guidance are aligned.

For a contemporary example, part of the CDC's power comes from Section 361 of the Public Health Services Act [1], which grants them the power to execute orders to prevent the spread of disease into the country or in between states. Examples included inspection, pest extermination, fumigation, and so on. The CDC invoked this power to prevent landlords from evicting delinquent tenants during the COVID stuff.

That was a gross enough (and also, critically, harmful enough) violation of their mandate that it was able to be challenged in the courts and eventually tossed even in the Chevon Deference era, but a lot of scenarios are much more ambiguous. So now their actions will be fully subject to oversight from all branches of government. The end result is that executive departments will have a much harder time overstepping the bounds of authority granted to them by Congress.

[1] - https://www.govinfo.gov/content/pkg/COMPS-8773/pdf/COMPS-877... (page 405)

Re: "Ensuring Accountability for All Agencies" – Executive Order

#174

As Americans that believe in the Republic, what exactly are we supposed to do about this? Should we continue to implore congress to take action against this lawless behavior?

Where are the mass protests? Are there even any people in the streets?

Re: "Ensuring Accountability for All Agencies" – Executive Order

#175
This creates strong associations to „Machtergreifung“ and „Gleichschaltung“

https://en.wikipedia.org/wiki/Gleichschaltung

The Nazi term Gleichschaltung (German pronunciation: [ˈɡlaɪçʃaltʊŋ] ⓘ), meaning "synchronization" or "bringing into line", was the process of Nazification by which Adolf Hitler—leader of the Nazi Party in Germany—established a system of totalitarian control and coordination over all aspects of German society "from the economy and trade associations to the media, culture and education".[1]

There is no direct counterpart in Englisch Wikipedia for:

https://de.wikipedia.org/wiki/Machtergreifung

Machtergreifung Mit Machtergreifung (auch Machtübernahme oder Machtübergabe) wird die Ernennung des Nationalsozialisten Adolf Hitler zum Reichskanzler durch den Reichspräsidenten Paul von Hindenburg am 30. Januar 1933 bezeichnet. Hitler übernahm an diesem Tag die Führung einer Koalitionsregierung von NSDAP und nationalkonservativen Verbündeten (DNVP, Stahlhelm), in der neben ihm zunächst nur zwei Nationalsozialisten Regierungsämter bekleideten (Kabinett Hitler); dies waren Wilhelm Frick als Reichsinnenminister und Hermann Göring als Reichsminister ohne Geschäftsbereich. Zusätzlich zur eigentlichen Ernennung umfasst der Begriff die anschließende Umwandlung der bis dahin schon seit 1930 durch Präsidialkabinette geschwächten parlamentarischen Demokratie der Weimarer Republik und deren Verfassung in eine nach dem nationalsozialistischen Führerprinzip agierende zentralistische Diktatur.

Nachdem am 1. Februar das Parlament in Berlin, der Reichstag, aufgelöst worden war, schränkten die Machthaber in den folgenden – von nationalsozialistischem Terror gekennzeichneten – Monaten die politischen und demokratischen Rechte durch Notverordnungen des Präsidenten ein. Als entscheidende Schritte auf dem Weg zur Diktatur gelten die Verordnung des Reichspräsidenten zum Schutz von Volk und Staat (Reichstagsbrandverordnung) vom 28. Februar 1933 und das Ermächtigungsgesetz vom 24. März 1933. Der Reichstag verlor damit praktisch jegliche Entscheidungskompetenz. Neben vielen anderen wurden nun auch Parlamentarier ohne Gerichtsverfahren in Konzentrationslagern eingesperrt und gefoltert.

Re: "Ensuring Accountability for All Agencies" – Executive Order

#176
post #45

Earlier quoted context omitted.

Where exactly does it say that?

It doesn’t need to be said everywhere when the president takes full power for himself and all institutions let him do so without saying anything.

Perhaps not. But that wasn't Terr_'s claim. Where does it say that?

Re: "Ensuring Accountability for All Agencies" – Executive Order

#177
post #135

Earlier quoted context omitted.

So when 4 years pass and we’re still voting, are you going to admit you are hyperbolic and divorced from reality?

Would you be around if he does what he says ? At what point are your personal thresholds crossed? I dont understand personally, how any conservative could tolerate this man. Nor any techie lose their minds when someone without a security clearance gets access to sensitive national networks. I’ve seen more complex plans used by spies to break into state secrets. Yet, people are surprisingly chill. So perhaps I am wron…

> Nor any techie lose their minds when someone without a security clearance gets access to sensitive national networks.

There's something peculiar about how liberals are now so offended by "security" when the federal government has showed complete incompetence over the past decade or even more.

All the security clearance data was leaked from federal servers. What else do we have to lose. Never mind that countless federal employees see your social security info. It's regularly fraudulently submitted by illegal foreigners too.

None of the criticisms I've seen from you or others are alarming.

What was alarming was watching Biden for 4 years completely non compos mentis and a media filled with liberals who would censor and ridicule ANY mention of this obvious fact. That's the GRAVEST national security threat, everything else PALES in comparison, and not a peep from the people who lit their entire political capital on fire over the ridiculous patently-false charades to never admit fault.

Re: "Ensuring Accountability for All Agencies" – Executive Order

#178
No employee of the executive branch acting in their official capacity may advance an interpretation of the law as the position of the United States that contravenes the President or the Attorney General’s opinion on a matter of law

In other words, "I will interpret the law for you, from now on. Don't attempt to read the law yourself."

Re: "Ensuring Accountability for All Agencies" – Executive Order

#179
post #152
post #135

Earlier quoted context omitted.

So when 4 years pass and we’re still voting, are you going to admit you are hyperbolic and divorced from reality?

Sure. As long as: - there are non Republican candidates to vote for - the right to vote hasn't been crippled somehow - elections are fair

I guarantee this will be the case, as it's been the case every election since forever including 2020 when liberals were fear-mongering (like they always do) when they were out of power.

Re: "Ensuring Accountability for All Agencies" – Executive Order

#180
post #34
post #4

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What it says is bad enough. Those agencies are independent for a reason. They're not supposed to be the president's political agents. Loss of that independence is a serious, damaging thing.

Next question: Why does Trump want control of those agencies? General principles? People around him told him to? Ego (proving that he's the Big Man In Charge)? Or does he actually intend to use that power? If so, for what?

This is a big deal. This is reducing the US federal government's ability to competently govern, and that's going to hurt, in concrete ways, before too long. If this stands, we're going to regret it.

If. I still have hope for the court system to overturn this.

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