American Supreme Court Can soon be alive An unspecified, Big Business legal theory that can make it practically impossible for the US government New laws protecting American laws and regular rules.
The theory, which is called “The theory of Nondation“The badrickes placed since the first Congress could potentially invalidate large pieces of US laws and reservations.
The matter has been revealed in recent years by the conservative court after regular power stopped, and the theory of Nondation has been seen by some people as a potentially extreme force by the judges.
Nandilation says the constitution forbids the US Congress from giving power to federal agencies to make rules. Instead, the Congress must agree on it and want to explain the most important details of the laws adopted by them. , Whose critics say it is unlikely to have a strong prejudice and a fighter in the political age.
In this case before the Supreme Court, US Federal Communications Commission V. User researchThe latter challenged the FCC’s ability to issue fees to meet the cost of providing broadband and telecommunication services in rural and low -income areas.
Supporters of the Nondulation say the fee is a tax issued by non -elected officials. But observers noted that the Congress directed the FCC to provide services to the entire country, and to impose sanctions on the law on how the agency could do it, and how it could raise the funds. Faraber said it has made the matter a “faulty vehicle” to advance the Nondation.
Most of the geographically -speaking country can lose phone or Internet service until the Congress steps in it.
If the court restores the nondalization, almost every work of governance can be challenged: Consumers’ safety, pollution, social protection, food safety standards, clean water rules, laws of sexual criminals, medical , Union protection and more. This theory is being pushed through big corporate trading groups from Big Pharma to Big Oil.
Michael Wall, chief of the Natural Resources Defense Council, said Michael Wall said that the complete recovery of Nondation would “create chaos”, which had previously filed an Amex short about a potential nausea case.
“There are versions of the theory of Nondation, which can be deployed to attack many laws that protect Americans for everything,” Wall added. “There will be constitutional challenges to large parts of the government’s work.”
Legal observers who spoke with the Guardian stressed, saying it was unclear if they could touch it, to what extent the judges could be willing to take ideas. But in recent years, most of the court -based judges have expressed their interest in resurrecting Nondation, which was the last time approximately 100 years ago.
“It is only up to how much they want to go to the fundamentalists,” said California University, Berkeley, California University, California University, California University, California University, California University, California University.
Opponents of this theory say the Constitution gives the Congress the authority to approve the rules and to impose details of the rules with some clear limits to the process of enforcing federal agencies. Despite the claims of supporters of the Nondulation that this theory was once a bedside principle in American governance, there are once. Dozens of examples Of the first and early Congress Strength To management agencies.
In the case of reviving the theory, the conservative Federalist Society Is written That nond is a “deliberately difficult” [lawmaking] Such laws are designed to reflect a wider political consensus.
Furber said, supporters of this ideology also say that the Nondulation will force the Congress to “do its job”, but this is a “evidence of a bad faith”, because the “Congress cannot pass the budget without crisis these days.” “
In addition, Congress members do not have the skills or staff to effectively remove the rules and establish rules on the most complex matters, which are currently entrusted to tens of thousands of federal staff.
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Farber added, “It’s really just a backdoor to make everything uncomfortable.
The last time the Nondation was applied in the decisions during the 1930s when Franklin Delno Roosevelt’s new agreement created dozens of government programs and agencies during a major depression to eradicate the US economy and create a social safety network. Was given A right and business supporter killed Roosevelt’s suggestions at every turn, which cited the theory of “Nondation” in several cases.
In response, Roosevelt threatened that it would increase the court with liberal judges so that the new contract could avoid legal challenges. Conservative judges have given birth, the Nondation has become unclear and after that the Congress has given agencies the authority to enforce the rules.
In recent decades, the idea of restoring the theory has fallen into the legal legal circles, and Rightwave has joined the mainstream with the climbing of judges. The court heard several cases in which he considered the theory, but did not do so. FCV users’ research issues are the most direct consideration of Nondation.
Observers say that even if the Supreme Court has approved the light shadow of the Nondation, it will encourage the conservative judges of the lower court.
Farber said, “As someone else said, the conservative lower court judges have separated like it is like 1899, and they start attacking every environmental law or what they do not like. Will. “
Supporters of the Nundilation have also argued that this theory retains power in the hands of the people as unprovoked officials are making rules within the federal agencies, but Wall said the argument was “irony”.
The elected members of the Congress have since given the agencies the power to rule from the beginning of the country, and the non -elected judges will be taking power from the elected lawmakers. Wall said that if Nonduction is raised in a very extreme form, it will change the balance of power in the three government branches that have existed since the establishment of the country’s judiciary.
“It will end power with elected representatives of the American people in a really harsh and surprising way,” said Wall.
