The Constitution is clear where legislation must be proposed; the House of congress. Article I section VII and VIII make clear that the responsibility for legislation at the federal level is the responsibility of the House. The idea that federal bureaucracies can make “rules” that become laws that include punishment for breaking such laws, is unconstitutional. The EPA, FCC, FAA, and every one of the other thousand agencies have no authority to set laws for the states.
Let’s take for instance the EPA that has bankrupted farmers in California to “save” a small fish that finds its way into the irrigation system or the recent FCC ruling to start regulating the internet. Federal agencies have taken the legitimate role of oversight to the unconstitutional role of creating rules and laws that have squashed businesses creativity and ability to expand operations.
Some may argue that the congress has already legislated the rules and the bureaucracies are just enforcing the laws they have created but this is simply not true. The federal bureaucracies have been expanding their roles and creating what is ultimately legislation by implementing processes that end run the congress and the legitimate creation of law…Details