>What is an Administrative State and Law?
An Administrative State is effectively a pseudo-government inside EVERY Federal agency (Executive branch) that claims it has Legislative and Judicial powers. These agencies routinely change and alter the law as they see fit (Legislative branch powers, see: ATF) and then instead of filing it in Federal courts as they should, they "deal with it internally" with an Administrative Law Judge, which is an unelected beaurocrat that acts as an unofficial Judge. "Administrative Law" is the usurping of Legislative powers; they are the "laws" of the Federal agency. If you think this ALJ's judgement is wrong and you "file an appeal", you go right back to the same ALJ that issued the penalty in the first place. Administrative States act as the lawmakers, police, and judges with zero oversight, Congressional input, and no civilian redress.
>What does this Fifth Circuit ruling mean?
The Fifth Circuit essentially just killed Administrative Law within the Fifth Circuit jurisdiction. They determined that Congress unconstitutionally granted them Legislative powers that only Congress is constitutionally granted (usurping Congress's legislature powers), and that by not going through the Federal courts and instead using an ALJ (usurping the Judicial branch and using its power), they violate civilians' 7th Amendment Right to a jury trial.
>So what's next?
The FEC has just been de-fanged within the Fifth District states. The FEC can seek a certiorari with SCOTUS. If SCOTUS upholds the Fifth Circuit ruling, it causes a major system shock to the entire Federal government, and could very well "turn back time" to before FDR. Any person in any of the other districts or even other States can file a lawsuit against the Federal government or any of its Administrative State agencies and use this ruling as precedent.
Fifth District Ruling on AS & AL
reminder I am not baking next thread so someone take over thanks
in the last thread, another user noted SCOTUS granted cert to another very similar case dealing with the SEC's actions and administrative law/states and their scope/power.
>obligatory fuck kikes
>fuck jews
>fuck niggers
Explain it to me again.
I am slow.
Whats the qrd?
lrn 2 red.
OP splains it.
means SEC can't punish you. maybe atf, fbi, and more. can't punish you.
they have to take you to court with a jury. not just punish you in a private court
Any Forums qrd
Administrative law is illegal and has been propped up since Roosevelt by the Stare Decisis regime that started when Roosevelt perverted SCOTUS
Federal agencies can no longer act outside of real courts and no longer internally make phoney laws with phoney courts.
Basically they can't do shit but file claims and let the actual courts do their jobs. They've basically lost all power.
I envy you burgers. You have real counterpowers that ensure your country doesn't spiral down into an authoritarian hell.
twitter qrd
sleepyboy reddit qrd
picrel for the retards who need a niggertier explanation to understand
see
also picrel for the slightly smarter people in the group, but who are still negroid-retarded
The USA is designed to have three branches of government. Legislative (make law), Judicial (interpret law) and Executive (enforce law). Over time all three roles have been assumed by Administrative Agencies. They write the rules they interpret their rules and they enforce their own rules. They skirt the constitutional restriction by calling them 'rules' not 'law'. They have expanded their power far beyond the bounds that are set in the constitution, but no one has yet stopped them.
To clarify your post, it doesn't mean they can't punish you. It means that if they want to punish you they have to do it through a real court, in front of a jury of your peers. It doesn't mean they'd have no power. It means the way they exercise it would be different and potentially much more favorable to citizens than the current arrangement
I just can't believe that anything will change. It's almost too good to be true?
Well put together, have a boomp.
So this will be appealed now to the supreme court, so in the meantime does it hold up. This is an epic le happooning no ?
also jews are literally cowards
People generally think that Congress makes laws. That's not what happens in 2022. Instead Congress will pass a bill with super vague language and leave it to unelected bureaucrats in federal agencies to fill in the details. All real legislative power is vested in unelected administrative agencies. This violates the Constitution, which says that all legislative power is vested in Congress alone. The administrative state is a tyrannical, undemocratic behemoth that needs to be slain. This is a good first step.
And interestingly, that cert was granted not 24 hours before the Fifth ruled on /Jarkesy/.
Except they wouldn't "lose all their rule making powers," they would be defanged in ENFORCEMENT.
At least until a decision came down that specifically stripped these agencies of rule making powers. I'm not a lawfag, but have watched this case with the hopes this could be one of several possible entrees to that, or at least springboards.
Wait, doesn't that mean the Fed will lose its power too ?
it will cause massive damage to the federal government's power and return power to where it should be. additionally, legislators will have to actually legislate instead of sitting on twitter virtue posting about some tranny lgbtqa2 oppression or niggers, and if they don't, they are directly responsible instead of passing the buck to AS. fuck kikes
The surprising this is this happening is more important than most things going on yet normies ignore it
This has much more far reaching ramifications in other ways.
Think about how just about any contract you sign to secure even the most basic goods and services, you are required, as part of the contract, to give up your right to trial by jury, deferring instead to "mediation" or "arbitration."
NCLA lays out seven areas where administrative law demolishes the Constitution:
>(1) Administrative controls on free speech;
>(2) Agencies operating outside the scope of their statutory authority or using improperly divested legislative power (Nondelegation);
>(3) Judicial deference to administrative agencies (Chevron and its ilk);
>(4) Unlawful administrative searches;
>(5) Due process violations, especially in administrative adjudications;
>(6) Guidance abuse;
>(7) Spending conditions that purport to bind conduct.
They lay it out well and simply:
nclalegal.org
The cases they've been pursuing for many years are also of interest. They aren't alone in this, but a good starting point for people just learning about the AL usurpation of Constitutionally permitted "avenues of control."
Dude im sorry your country lacks such things but ours are hanging on by a thread it feels. None of it seems like itll stop entities big and bold enough to just act outside of it until if/when they get pinched. The strategy seems to be for the left to use a full court push leaving the only option for the opposition to be violent upheaval or allow them years until somebody brace enough starts proceedings. Our tax payer paid dnc party just acts like a terrorist group.
Will fuck up most 3 letter agencies powers ATF,EPA,CDC, FDA,SEC
I don't disagree with you
>This is a good first step.
but the alphabet agencies aren't just going to pack up and stop their fucking goofy game of entrapment, subversion, trafficking drugs and women and undermining our Constitution
>The FEC has just been de-fanged within the Fifth District states.
Wouldn't it be nationwide since the 5th circuit is a federal court? I get that each circuit has its own district so to speak, but that its decisions were farther reaching than that.
What sort of contracts are these clauses built into? I'm really going to start looking now, and shit maybe even sue or something to get the ball rolling in the 10th circuit
it'll be a lot harder for them to succeed in a jury trial than it is with their own stooge courts.
The Federal Reserve Act was passed by Congress.
That arguably makes it more Constitutional than many by-fiat AL agencies, acts, and players, sadly enough.
So the DEA can no longer schedule drugs.
I mean that is good news, and the federal courts were a fucking sham scam, but so are the local courts and what about that software that lets them pick the pool of jurors?
They did it for one of Trumps guys they filed a bunch of bs at
it's why he pardoned him iirc
>the story seemed to get memory holed
They are getting put down like Old Yeller.
> The USA is designed to have three branches of government. Legislative (make law), Judicial (interpret law) and Executive (enforce law).
Sadly civics is not taught in school anymore
Fuck. Well, if the CDC gets fucked, that's a big win.
Also isn't that going to make hundreds of thousands of people getting called to be part of a jury? Given how many cases will need to be taken care of properly ?