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Thread: Is Administrative Law Lawful? (Video - Philip Hamburger)

  1. #11
    Quote Originally Posted by allodial View Post
    I suspect that administrative law is in the "right to contract" or "obligations of contract" realm. However, Philip Hamburger is making a good point in that it might actually be unlawful for Congress to make certain delegations in that to delegate judicial power to agencies might not even be lawful or constitutional. Also Congress cannot delegate more power than it has.

    P.S. Lurking between the lines or on the sidelines or ..something ... somewhere... might be yet another term "operational law".
    Administrative law, IMO, is fine, when not dealing with the people. If applied to LLCs or Corporations, the legislature has full rein over them any way, and can make them go through a process. If that process ends with judicial review, I see no problem with it. The court will see if the process applied the law correctly. If it did, fine, if not, then they fix it. The legislature could very well create a court to apply the law in place of an agency. When dealing with fictions, I just don't see that there is much difference. The legislature can make corporations jump through as many hoops as they want, to the point of completely outlawing them in the state. Ha, imagine that.

  2. #12
    You are onto something. And the legislature gets their power from where? Look at any state constitution or at the U.S. constitution(s)--who gave the legislature power in the first place? Where does any Commander In Chief get his/her military imperium from?

    As for your comment regarding fictions or franchises you seem to be touching upon what is called 'plenary power'. But even still, where does the legislature get its existence and power from? Did you know that the Vice President of the United States is the president of the U.S. Senate (i.e. presides over the legislative body) and is thusly part of the legislature and is actually referred to as "Mr. President". Veto power of the President should make more sense in that light--because in a sense the Vice President is just the underling of the President and so that ties the president to the Senate (i.e. President of the United States).

    In the Constitutional sense, a president presides sessions of a legislature. The president as an executive officer over the executive branch sense is another matter (perhaps Chief Inspector General could be an appropriate title). The executive functions extend from the legislation, subject to check by the judicial.
    Last edited by allodial; 05-19-15 at 04:12 AM.
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  3. #13

    The transparent trust ALLODIALS greatest hits

    Quote Originally Posted by allodial View Post

    [Note: The global secular humanist movement has been notable for promoting rule by unelected officials. Could there be a connection with administrative law? Is that to promote rule by administrative law? (Would you contracting with a private, foreign organization pretending to be a public, government organizations?)]

    Regulations are not laws. So-called "administrative law" deals with regulations not laws. Regulations can be passed off as laws--if you allow it or fall for it.

    allodial SSC Hall of Famer fortunate his verbiage is preserved along with the administrations finest. lodi the required riddles

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