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Ouachita-Acts, Laws and Regulations
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<blockquote data-quote="inyati13" data-source="post: 1250655" data-attributes="member: 17767"><p>Ouachita,</p><p>I did not ignore your questions. Discussing whether a post is a clarification or defensive, is like discussing whether a sentence is imperative or exclamatory so may I provide this which IMO is more entertaining at least to those who enjoy details? In the thread by Jo, there is an issue of "whose regulation is it?" The authority and process of promulgating regulations is founded in the Constitution. Regulations are promulgated by agencies. No one "owns" regulations, they belong to the People. Regulations are of the people, by the people and for the people. The Constitution of the United States was written by the founding fathers but it is of the People, by the People and for the People. In a representative government, the Congress is by extension the People.</p><p> </p><p>Regulations are codified by topic, i.e., Surface Mine Regulations, Clean Water Act regulations, etc. The US Congress as the legislative branch, is the body authorized to make law. Laws are passed in the form of Acts, i.e., The Clean water Act, The Hatch Act, Naturalization Act of 1780, Fugitive Slave Act of 1793, etc. Congress passes Acts which are a formal set of statues. Statues are "legislative laws" to distinguish them from "case law" that is decided in the courts. Case law does not change legislative law but in future litigation pursuant to the legislative law, attorneys will use case law to support their challenge of activities conducted under legislative law.</p><p></p><p>Acts document the authority under which they are enacted. Acts will designate the federal agency or branch of the administrative arm of government that is responsible for implementation of the law (Act). The Act will authorize an agency to promulgate regulations pursuant to the law. <strong>Federal Agencies cannot write Law.</strong> Federal agencies are only authorized to promulgate the regulations. Under that process, the people have a right to comment and question whether those regulations properly and fairly implement the law and the intent of Congress. Proposed regulations are published in the Federal.</p><p></p><p>I copied this from the web:</p><p><em>The Federal Register, abbreviated FR or sometimes Fed. Reg., is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published daily, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated annually.</em></p><p></p><p>Agencies cannot act beyond the authority of the enabling legislation or the intent of Congress without challenge. The regulated community in the United States is highly motivated, financed and capable. All regulations must go through a public comment process. If the regulated community or a private citizen believes the regulations do not reflect the letter and intent of congress, they can appeal the agencies' actions to the judiciary branch. An 88 year old woman in Manhattan can comment on the disposal regulations for brine water as it is regulated in the state of North Dakota. Her comment must be publically responded to in the Federal Register. At the conclusion of the promulgation process, regulations are published and codified by topic in the CFR. At that point they become the people's regulations.</p><p>It is common to say a regulation is an EPA or FAA Regulation but they are the "people's regulation".</p></blockquote><p></p>
[QUOTE="inyati13, post: 1250655, member: 17767"] Ouachita, I did not ignore your questions. Discussing whether a post is a clarification or defensive, is like discussing whether a sentence is imperative or exclamatory so may I provide this which IMO is more entertaining at least to those who enjoy details? In the thread by Jo, there is an issue of “whose regulation is it?” The authority and process of promulgating regulations is founded in the Constitution. Regulations are promulgated by agencies. No one “owns” regulations, they belong to the People. Regulations are of the people, by the people and for the people. The Constitution of the United States was written by the founding fathers but it is of the People, by the People and for the People. In a representative government, the Congress is by extension the People. Regulations are codified by topic, i.e., Surface Mine Regulations, Clean Water Act regulations, etc. The US Congress as the legislative branch, is the body authorized to make law. Laws are passed in the form of Acts, i.e., The Clean water Act, The Hatch Act, Naturalization Act of 1780, Fugitive Slave Act of 1793, etc. Congress passes Acts which are a formal set of statues. Statues are “legislative laws” to distinguish them from “case law” that is decided in the courts. Case law does not change legislative law but in future litigation pursuant to the legislative law, attorneys will use case law to support their challenge of activities conducted under legislative law. Acts document the authority under which they are enacted. Acts will designate the federal agency or branch of the administrative arm of government that is responsible for implementation of the law (Act). The Act will authorize an agency to promulgate regulations pursuant to the law. [b]Federal Agencies cannot write Law.[/b] Federal agencies are only authorized to promulgate the regulations. Under that process, the people have a right to comment and question whether those regulations properly and fairly implement the law and the intent of Congress. Proposed regulations are published in the Federal. I copied this from the web: [i]The Federal Register, abbreviated FR or sometimes Fed. Reg., is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published daily, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated annually.[/i] Agencies cannot act beyond the authority of the enabling legislation or the intent of Congress without challenge. The regulated community in the United States is highly motivated, financed and capable. All regulations must go through a public comment process. If the regulated community or a private citizen believes the regulations do not reflect the letter and intent of congress, they can appeal the agencies’ actions to the judiciary branch. An 88 year old woman in Manhattan can comment on the disposal regulations for brine water as it is regulated in the state of North Dakota. Her comment must be publically responded to in the Federal Register. At the conclusion of the promulgation process, regulations are published and codified by topic in the CFR. At that point they become the people’s regulations. It is common to say a regulation is an EPA or FAA Regulation but they are the “people’s regulation”. [/QUOTE]
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