RPVNetwork

Grassroots Network of the Republican Party of Virginia

Legislation-by-Executive-Regulation in the Code of Federal Regulation - Vesting Clause Limit Analysis

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:

  1. “Sovereign Immunity”
  2. “Legislation-by-Judicial-Order - Vesting Clause Limit Analysis
  3. “Legislation-by-POTUS-Order in Executive Orders & Legislation Signing Statements - Vesting Clause Limit Analysis”
  4. “Legislation-by-POTUS-Order in Executive Orders & Legislation Signing Statements - Vesting Clause Limit Analysis”
  5. “Legislation-by-Executive-Regulation in the Code of Federal Regulation - Vesting Clause Limit Analysis”
  6. “Unauthorized Legislation - Vesting Clause Limit Analysis”
  7. “Constitutional Reset (State & Federal) as required by duly authorized law with a Proposed Optimal Path”

Given the depth of our State & Federal Judiciary’s conceits against our Constitutions, particularly that regarding 

  • ‘standing’ ,
  • ‘Sovereign Immunity’ to perpetrate felony while acting outside the bounds of our
    Constitution and its duly authorized law

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.

Views: 15

Reply to This

Replies to This Discussion

Among the Constitutionally enumerated legislative power of congress you will not find authority to shuck their vested duty on to anyone or any thing else.
Neither is such shucking of their vested duty essential to any other enumerated power.
It is true that Congress may seek advice on how to specify the legislation - but Congressmen may not delegate or assign the duty.
Not only is a vote for legislation that must be voted into effect in order to see what the legislation means UNCONSTITUTIONAL – that vote is incontrovertible evidence of legislator complicity, as accessory-before-the-fact principal, in 18USC1341 “Frauds & Swindles” and possible Va18.2-111 Statutory Embezzlement and Va18.2-481(5) Statutory Treason.

If a legislator is duly notified of their criminal trespass against our Constitutions by their vote for such UNCONSTITUTIONAL legislation and does not evidence repentance by sponsoring and diligently pursuing a bill to repeal that legislation then that is incontrovertible evidence that the Congressman’s felony trespass was perpetrated with knowing and willing criminal intent to perpetrate felony such that state law is likely to require that the Congressman’s felony be competently brought before a grand jury until jeopardy attaches upon the Congressman.
This is RECALL by INDICTMENT and CONVICTION.

A ‘Yea’ vote for BHO’s Unconstitutional health insurance law or BHO’s Unconstitutional Internet Kill Switch law appear to give probable cause for a Congressman’s indictment.

All Congressmen and all citizens knowledgeable of those felonies are duty bound to seek a remedy by 18USC4 “Misprision of Felon” and by the similar state laws brought into state jurisdiction by the power of 18USC1341 “Frauds & Swindles”. Those notified Congressmen that do not seek a remedy become accomplice to those felonies after-the-fact under 18USC4. RECALL by INDICTMENT and CONVICTION becomes a citizen’s statutory duty on those Congressmen also.

It is nearly the time to lay this attack upon reprobate Congressmen - particularly those congressmen up for re-election and those Congressmen that may become subject to special election and have a constitutionalist candidate election-ready to take the reprobate Congressman’s seat.
James Madison, Federalist No. 14, 1787 : "In the first place, it is to be remembered, that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any."
Has direct authority of original meaning upon the discussions:
1) "LEGISLATION-BY- JUDICIAL-ORDERS-OR-RULINGS - VESTING CLAUSE LIMIT ANALYSIS #A3S1"
2) "LEGISLATION-BY-POTUS-ORDER IN EXECUTIVE ORDERS & LEGISLATION SIGNING STATEMENTS - VESTING CLAUSE LIMIT ANALYSIS" and
3) "LEGISLATION-BY-EXECUTIVE-REGULATION IN THE CODE OF FEDERAL REGULATION - VESTING CLAUSE LIMIT ANALYSIS

Most of the obnoxious and toxic intrusions of the federal government officers upon our federal Constitution and upon the sovereign prerogatives (reserved by the states and their people) can be promptly and timely remedied.

Think IRS, EPA ObamaCare, etc..

Please diligently understand how this one simple issue on the business end of "THE CONSTITUTIONAL RULE-OF-LAW IN THE REPUBLICAN FORM OF GOVERNMENT AND ITS RESTORATION IN AMERICA’S GLORIOUS REVOLUTION OF 2010" can shaft those wrongs and replace ALL their sufficiently good purposes by state action executed under Constitutional inter-state compact.
See US Constitution Aricle IV Section 10 Clause 3 "CELSP#03) No state shall, without the consent of Congress," . . . .", enter into any agreement or compact with another state, " . . . ." unless actually invaded, or in such imminent danger as will not admit of delay."
James Madison, Federalist No. 14, 1787 : "In the first place, it is to be remembered, that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any."
Has direct authority of original meaning upon the discussions:
1) "LEGISLATION-BY- JUDICIAL-ORDERS-OR-RULINGS - VESTING CLAUSE LIMIT ANALYSIS #A3S1"
2) "LEGISLATION-BY-POTUS-ORDER IN EXECUTIVE ORDERS & LEGISLATION SIGNING STATEMENTS - VESTING CLAUSE LIMIT ANALYSIS" and
3) "LEGISLATION-BY-EXECUTIVE-REGULATION IN THE CODE OF FEDERAL REGULATION - VESTING CLAUSE LIMIT ANALYSIS

Most of the obnoxious and toxic intrusions of the federal government officers upon our federal Constitution and upon the sovereign prerogatives (reserved by the states and their people) can be promptly and timely remedied.
Think IRS, EPA ObamaCare, etc..
Please diligently understand how this one simple issue on the business end of "THE CONSTITUTIONAL RULE-OF-LAW IN THE REPUBLICAN FORM OF GOVERNMENT AND ITS RESTORATION IN AMERICA’S GLORIOUS REVOLUTION OF 2010" can shaft those wrongs and replace ALL their sufficiently good purposes by state action executed under Constitutional inter-state compact.
See US Constitution Aricle IV Section 10 Clause 3 "CELSP#03) No state shall, without the consent of Congress," . . . .", enter into any agreement or compact with another state, " . . . ." unless actually invaded, or in such imminent danger as will not admit of delay."

Reply to Discussion

RSS

****************************

 

U.S. DEBT CLOCK

****************************

 


 

 

(sales help fund this site)

 

Badge

Loading…

© 2020   Created by Tom Whitmore.   Powered by

Badges  |  Report an Issue  |  Terms of Service