Legislation-by-Executive-Regulation in the Code of Federal Regulation - Vesting Clause Limit Analysis
Preambled by July 4th song & prayer
“ . . “ America! America! God shed his grace on thee And crown thy good with brotherhood From sea to shining sea!
“ . . .”
America! America! God mend thine every flaw, Confirm thy soul in self-control, Thy liberty in law!
O beautiful for heroes proved, In liberating strife Who more than self their country loved And mercy more than life!
America! America! May God thy gold refine, Till all success be nobleness And every gain divine!
I am puzzled by the vesting clauses in our constitution.
The context is raised in the 1792 words of Thomas Paine: “A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either”.
It appears that execute branch agency regulations (CFR http://www.law.cornell.edu/cfr/ ) cannot be given or conceited to have the authority of general civil law upon the people of the United States as that is “legislation-by-executive-regulation" explicitly prohibited by our U.S. Constitution in Article I Section 1 “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
'ALL' in #A1S1 means just that, 'ALL', as in EACH AND EVERY INSTANCE THAT CAN EXIST.
The Legislative authority vested in the members of Congress by the member's oath are of personal duty in nature. "Duty is not collective; it is personal.” - Calvin Coolidge
No member or aggregation of members of Congress has been vested with Constitutional authority to sell, assign or delegate their oathed personal service duties to any other person or agency.
It seems obvious to me that every instance of legislation-by-executive-regulation appears to be criminal fraud and usurpation - It is of no matter that the judges, justices, legislators and the executives are willing - they do not appear to have the authority to come to terms as that authority, not being a constitutionally numerated legislative power nor being essential to any existing constitutionally numerated legislative power is retained by the people and the states (US Constitution 10th Amendment).
It seems obvious to me that the POTUS -Commander-in-Chief has authority that allows him to make constitutionally lawful rules and constitutionally lawful regulations upon the US military, applicable to the POTUS’s military employees only.
It seems obvious to me that the POTUS - Chief Executive has authority that allows him to make constitutionally lawful rules and constitutionally lawful regulations upon of the POTUS’s civilian employees, applicable to the POTUS’s civilian employees only.
It appears obvious to me the every instance of execute branch agency regulations (CFR http://www.law.cornell.edu/cfr/ ) conceited to have, or given the de facto, authority
of general civil or criminal law upon the people of the United States “legislation-by-executive-regulation is an exercise of executive legislation and is a grievous trespass against the Constitution and its duly authorized penal laws.
It seems equally obvious that in EVERY instance where the Congress delegates or assigns Legislative-authority to the executive branch where that authority is conceited to have, or is given the de facto, authority of general civil or criminal law upon the people of the United States that “legislation-by-executive-regulation that is an exercise of executive legislation and is a grievous trespass against the Constitution and its duly authorized penal laws by all those members of Congress that voted to have Congress delegate or assign Legislative-authority to the executive branch.
If my perception is in error, that this appearance is not fact, please show me the source of my error by reference to the U.S. Constitution and its duly authorized law.
If you can recall an instance that particularly offended you, please tell us what it was.
This discussion is one chapter of seven interrelated discussions:
Given the depth of our State & Federal Judiciary’s conceits against our Constitutions, particularly that regarding
it appears that our remedy must begin with an alliance between your state’s governor and your local sheriff. Your governor is needed to appoint a pro tempore prosecutor or judge if either is tainted, as is likely the case.
There are many strategic and tactical issues that need to be address early in the ‘Constitutional Restoration’.
Done properly should be the only way it is done. More on this later.