Our constitution suggests that government shall provide for some things and promote others. Preamble says provide defence... promote general welfare. Then, the 10th reserves to the states all things not enumerated . Of course congress handles the purse strings of Fed spending. Congress also instituted Agency Law when the government got too varied to be involved in daily activities. They then set up a government agency to act in the stead of Congress giving direct oversight for all new projects they wanted to be involved in. Unfortunately??? the agency administration is appointed by each administration. Generally, the actual purpose will swing greatly at the desire of each new President. The agency can make rules for the country to live by without Congress approval. That ain't the way it was supposed to work constitutionally, IMO.
How will Obama's TPP deal help the American
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The 10th Amendment does not supersede the Supremacy Clause of Article VI. Interestingly, when the Clean Air Act and Clean Water Act were passed, oversight and the funds to enforce were offered to the states because the thinking was that state governments would understand their own environments better than the Federal government could. Only about a third of the states took them up on it -- and of course many of the ones that haven't are now griping about Federal government overreach. I think you've hit a big nail on the head with the connection between changes in administrations and swings in agency actions, it would be better if those senior positions were converted to civil service -- but good luck with making that happen. As for agencies making rules without Congressional approval, as I said, Congress has passed approval for rules to the agencies through legislation. It might be time for Congress to pull back on that.
Congressmen are too damned busy with DC and fund raisin'. There is no excuse for not taking some oversight. Historically, they have been given a baseline budget plus inflation plus any new ground they want plowed. Some of the agencies have outlived their purpose, but it is still being funded even if only one or two people are manning it. Every agency should have zero based budget and justify their being to the sub committee they fall under.
Yes, and that has given some fuked up law. Fed institutes an agency and hands it off to the state. Or State has agency and the Fed moves in and attempts to compete. Mines - I have had situation where Fed writes something up and State comes in a couple weeks later and writes us up for doing what Fed just instructed we do. They then compete to see who can write the most Or each writes up what the other told us to do. In that case, the agency that visits last has supremacy.
