“Delegation of Power”: Be Clear-Headed …

This elixir of moderation we as a politically tottering nation needs is brewed from the life-balancing thoughts of J.W. von Goethe, Terence, and Martin Luther King, Jr.

Temperance is crucial: We are about at the end of the rope not only due to insuperable frustration but most of all because of ignorance!

It is destructive to use this anger that gnaws the heart, against a fascist administration as an excuse to pull the trigger of ignorance over what “delegation of power” means. With a dysfunctional brain and insurmountable anger on almost anything that moves within our range of target, we could either shoot ourselves on the foot or hang ourselves dead with our tongue out.

In a duel with the “matador” under the sun, the bull always ends up a dead meat because the muscled animal doesn’t use his brain muscle – assuming that it has any in the first place – it is just a very angry charging bull!

This is what’s happening in the current debate on whether or not Congress should tamper with the independence of the U.S. Federal Reserve and for grandstand politicians to usurp and take over the fiscal and monetary function of the Fed, not to mention [ ] other critical issues [ ] of similar national importance. Just the thought of it worries economists worth their Ph.Ds. earned by working for a number of years in graduate school. But there is so much anger in the air against the Fed and the National Treasury that it is almost impossible to expect that in resolving the underlying economic problems dividing the nation, reason would prevail.

Thus this editorial – first at NWS — calls the attention of the public to the danger bullish ignorance creates. We could wake up one morning and find ourselves in the middle of the killing field of the 1920s’ war-triggering depression once we allow know-nothing politicians – presidential wannabe Senators who are only there for their ambition to run for president and Tong-grease-men [Congressmen] — to take over the nation’s Central Bank and run the economy from the war rooms of an inutile Democrat-dominated Congress! It is worse than waking up in a bad dream … like waking up inside a coffin while politicians spade and spoon over the Media to win a popularity contest, shovel and scoop the dirt of their political interest in the graveyard of destructive politics where they bury us alive!

For health reason, it is medically good for any individual to let out such anger from a heavy chest; however, critical public attention detours away from the issue raised. The public is badly misled into a spin of hate based on allegations that are not true or when denied, cannot be proven to be true, or at most, in a few words, just an “outburst” of emotion that does not rise from the level of mean-spirited “innuendoes”.

In the Web, verify this: Just grab a videotaped interview of the beleaguered U.S. Treasurer or much-abused Chairman of the Fed and listen to or read those scurrilous comments and scandalous remarks spewed by hoof-pounding bulls fuming mad, and you would think that this free country had entombed our laws on libel in the cemetery of indifference and neglect!

I connected to this link titled Audit The Fed "Dangerous"? [FP.com

08-25-2009].I skipped dirty name-calling rants not fit for the dignity of this popular online publication [NWS]; I chose this redeemable freak from the trash that portrays a blinding rage of madness – anger based on ignorance — as a prototype for interesting although very disturbing laboratory study! The mad coyote – a smuggler of ignorance into public attention – quacked on the following and I quote what he said:

“The US Constitution, Article I, Section 8: To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; End of discussion. That power rests in the United States Congress, [sic] NOT THE FEDERAL RESERVE OR TREASURY. Congress is free to delegate that power as it sees fit but you [Treasurer Timothy F. Geithner]are absolutely not empowered to interfere via bluster, threat or any other means Congressional Authority in this regard.”[sic] [Accompanying expletives and commentary swearwords omitted.]

Lack of understanding what the congressional delegation of power means, is clearly shown in this dispositive portion I just quoted … “That power [delegation of power] rests in [sic] the United States Congress, NOT THE FEDERAL RESERVE OR TREASURY.”

The understanding of “delegation of power” is so distorted to escape public notice. The truth is, once the U.S. Congress delegates its power to an executive branch of government like the Federal Reserve or the Treasury, Congress exercises its power through the Federal Reserve or the Treasury. That’s what “delegation of power” means in its simplest form, sans technicality and/or cryptic legalism or esoteric elaboration of the court’s expertise in law and legal jurisprudence!

These two executive offices [the Treasury and the Fed that by law operate with the delegated powers of Congress] are Congress at work under the Doctrine of Delegation of Power. The distortion is either ill-motivated or if given the benefit of the doubt, such falsehood or misrepresentation is a result of a very poor understanding of what “delegation of power” means.

The other distortion or display of ignorance over what this Doctrine means is too embarrassing to contemplate when it catches public attention. This deformation or falsehood says: “Congress is free to delegate that power as it sees fit but you [Chairman of the Fed and the Treasury Secretary] are absolutely not empowered to interfere via bluster, threat or any other means Congressional Authority in this regard.” [sic]

Exercising their delegated powers, the Fed and the Treasury acting through their respective heads, can do whatever Congress is empowered to do and/or wants them to do … it can even use the threat of “Congressional Authority” – whatever that means — to get its work done when they are obstructed by filibusters or kibitzers whose purpose of interference is to defeat the sublime objective of what that delegation of power aims to accomplish.

By the way, it is not me pontificating in this needed learning process, against the ignorant [whether innocent or ill-motivated], but rather the U.S. Supreme Court is the one that is educating the ignorant … educating the ignoramus that thinks like a donkey or lecturing a sick talker with a drug-withdrawal problem, usually mistaken by reacting critics as a slimy charlatan sadistic enough to deceive the public for a fix!

In

California

, these critics, right or wrong, are those who opposed the use of marijuana as a medical drug for addicts [a trick to deceive the public for a fix] who with their life-destroying habit always run afoul with the law.

This column is a Straight Light [my website] that blinks for those in the dark … confronting those who lie to the detriment of the public good, believing that when freedom of expression – which this missionary publication [NWS for short] stands for – is pursued at the expense of truth, is no freedom at all!

If you are not just a journalist for more than 45 years but also a lawyer of more than 41 years, you are caught with this sense of public responsibility to restate here what is extremely needed for the interest of the public what the U.S. S.CT had said way back in 1940 explaining why there is a need for delegating the power of Congress to other branches of government under the Separation of Powers.

And here is the “Light” that I felt privileged to switch on for those in the dark: “[D]elegation by Congress has long been recognized as necessary in order that the exertion of legislative power does not become a futility …” [U.S. Supreme Court]

This legal dictum is coached in a very simple language meant for the ordinary people that walk the streets to understand by heart … not necessarily for geniuses in the lab or rocket scientists that send astronauts to outer space!

There are elaborate wordings of those wise men sitting on the bench as normally expressed in the majority opinion of the highest court of the land, but I chose this simplest statement that says it all to connect to a wider spectrum of NWS’ worldwide and nationwide readerships.

Here is more “Light”: Even farther back, prior invalidation of “delegations of power by Congress” has been recorded only in three cases: Panama Refining Company v. Ryan (1935), Schechter Poultry Company v. United States (1935), Carter v. Carter Coal Company (1936). The requirements of a valid delegation of power are wanting in those cases.

These limitations are: “ [1] Congress must define the subject to be regulated and must provide some standard to guide its agent's actions, even if that standard is no more exact than "just and reasonable." [2] The delegation must be to public officials, not to private groups or individuals.

And finally, on the final touch of switch of the “Light”: There are three kinds of delegations of power, namely:

[1] Delegation of general policy to person or agency to “fill in” the details and execute implementation. The Federal Reserve, Treasury and similar other offices under the Executive branch of government, are classified under this category.

[2] Contingency delegation, i.e., President is delegated the power of Congress to change “duties” under tariff laws in a “trade war” with other countries.

[3] In the conduct of foreign affairs where the President exercises a broader delegation of powers [this delegation of power and paragraph [2] are not our concern for the moment].

Bolts of lightning and thunder exploding in the air against the Fed and the Treasury disturb our peace, and the raining fire and brimstone that angry elements, whether motivated by good or bad intentions, dropped squarely on our face, sear our credulity, and those who get confused or no longer know what to believe, become very angry as well to the point of being emotionally rushed to bear arms either as an expression of anger or a matter of what they believed is an “extreme necessity” for survival.

When a pandemic of hatred incited by those whose outrage is based on false premises saturate the land, there is no more need for further debate whether or not a rebellion without a cause is good for the country. Civil unrest stirred by ignorance is worse than the Great American Civil War which was triggered by a just cause – a national debate whether or not this country should practice slavery. The rest is history.

We are about at the end of the rope where we let our ignorance hang us all by the neck with our tongue out. We need to get educated. These are critical issues that affect not only my life but also yours.

We need to know what Congress’s delegation of power means. This is fundamental to this kind of democracy we want to live as a way of life.

In our passion for liberty and freedom, we cannot be just a beast of burden, like a donkey no good politicians led by the nose, or worse be just charging bulls fuming mad and at the point of the sword, end up a dead meat. #

© Copyright Edwin A. Sumcad. Access NWS September 16, 2009.

The writer is an award-winning journalist. Know more about the author by reading his published editorials and feature articles or you may e-mail your comment to ed.superx722@yahoo.com

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