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Response to Overturning Chevron Deference
Response to Overturning Chevron Deference
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In this video we will explain Response to Overturning Chevron Deference
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Wednesday, July 3, 2024
International Public Notice: Our Response to Overturning "Chevron Deference"
By Anna Von Reitz
We begin with an excellent summation by Spike Cohen which captures the essence of it:
"In, Loper Bright Enterprises v. Raimondo, the Supreme Court overturned a 40 year old case called Chevron [Deference] that granted radical levels of power to federal agencies. Spike Cohen @RealSpikeCohen explains this case and its importance.
“A family fishing company, Loper Bright Enterprises, was being driven out of business, because they couldn't afford the seven hundred dollars per day they were being charged by the NMFS, the National Marine Fisheries Service, to monitor their company. The thing is, federal law doesn't authorize the NMFS to charge businesses for this. They just decided to start doing it in 2013. Why did they think they could get away with just charging people without any legal authorization? Because in 1984, in the Chevron decision, the Supreme Court decided that regulatory agencies were the "experts" in their field, and the courts should just defer to their "interpretation" of the law. So for the past 40 years, federal agencies have been able to "interpret" laws to mean whatever they want, and the courts had to just go with it.
It was called Chevron Deference, and it put bureaucrats in charge of the country.
It's how OSHA, the Occupational Safety and Health Administration, was able to decide that everyone who worked for a large company had to get the jab, or be fired. No law gave them that authority, they just made it up. It's how the ATF, the Bureau of Alcohol Tobacco Firearms and Explosives, was able to decide a piece of plastic was a "machine gun". It's how the USDA’s Natural Resources Conservation Service, the NRCS, is able to decide that a small puddle is a "protected wetland". It's how out-of-control agencies have been able to create rules out of thin air, and force you to comply, and the courts had to simply defer to them, because they were the "experts". Imagine if your local police could just arrest you, for any reason, and no judge or jury was allowed to determine if you'd actually committed a crime or not. Just off to jail you go. That's what Chevron Deference was. It was not only blatantly unconstitutional, it caused immeasurable harm to everyone. Thankfully, it's now gone. We haven't even begun to feel the effects of this decision in the courts. It will be used, for years to come, to roll back federal agencies, and we'll all be better off for it. And that's why politicians and corporate media are freaking out about it.”
~Spike Cohen
This above summation adequately describes the impact of this decision on so-called Administrative Code and all the related Article I Courts and Tribunals in this country.
The Reign of Bureaucratic Terror unleashed by the Chevron Deference (to "Experts") Doctrine has been relegated to the dustbin of history, where it belongs, except that such a decision and such a doctrine should have never existed at all, we are well-pleased.
The proposition that the legislative powers of any Congress should be delegated and redelegated by those operating under delegated power themselves is and always has been unacceptable.
This practice has reliably resulted in the Uncle Ernie Scenario in which a task is assigned to one person and then passed on to a different person to perform; the first person to whom the assignment is actually entrusted passes off their responsibility for performance to the second, who has no direct accountability.
In this way, liability is evaded by the first person and accountability is avoided by the second person, and the public interest is disserved throughout.
The various Territorial and Municipal Congresses have been passing off their responsibilities to unaccountable Federal Agencies since the 1880's, so that faceless, unelected, and largely unaccountable bureaucrats have been writing Administrative Codes and enforcing them as law for over a hundred years--with ever-increasing impunity and corruption.
The break in the dam related to this corruption came last year with another Supreme Court case, "West Virginia v EPA" in which the Justices reiterated a hundred-plus year-old Tennessee ruling in Norton v Shelby County, finding that Congress has no ability to shuffle off its legislative powers to other entities.
The immediate effect is to gut the Administrative Court System and de-fang the various Federal and State-of-State franchise Agencies.
If Congress wants to burden the public they will have to get down to it and do their own dirty work and take responsibility for it from now on. They will no longer have the Agencies to do it all for them, no longer be able to escape their liability by re-assigning their role to unelected bureaucrats.
The unelected bureaucrats will no longer be able to extend their capricious and autocratic rule subject only to their own courts.
A sigh of relief can be heard across the land.
Politically, the court has handed Congress its own head on a platter, and the Executive Branch, too, while significantly increasing its own power and the power of its subordinate "judicial [district]" courts.
This one move has its good points and bad points from an American Public perspective.
The good part is the removal of oppressive bureaucratic and executive powers; the bad part is increased reliance upon courts attached to military judicial districts which were set up in the wake of the Civil War and which are infamously known as "Carpetbagger Courts".
It is doubtful that this "judicial [district] court system" was ever legal or lawful in the first place.
It was initiated in May of 1865 via the creation of ten new "military districts" covering the eleven defeated Confederate States of States, and was invoked via non-existent emergency powers.
The primary duty of this ersatz judicial [district] court system was to keep order and collect war reparations; it was only required to provide "an appearance of justice" --- not actual justice.
The current action can be viewed as the British Territorial Government's "judicial district court system" knocking off their Municipal Court competition.
It can also be viewed as the British Territorial Government taking a controlling position over the vast Federal Agency structure created by FDR and all the more than 350 three-letter and four-letter Municipal Agencies created in the 1930's.
It can be viewed as a peremptory move by the court to reign in executive power, also.
There was a reason that FDR created all those "Federal Agencies" -- and it was simply to enable him to rule as a despot using "Executive Orders" to run the entire country.
So, the whole Chevron Deference Doctrine that has just been overturned, was only an extension and proliferation of already existing abuses of power and non-existent authorities that began in the Belle Epoch Era after the Civil War --abuses that have continued unabated until now.
The first such inroads began with the Pinkerton Laws extended to the Railroad Corporations allowing them to hire and deploy foreign police contractors in this country, followed by the deployment of U.S. Marshals in the western Territories formed during and after the Civil War.
Then, within twenty years, there began a proliferation of "departmental agencies" such as the Department of Justice, Inc., and the Department of Defense, Inc., operated as undisclosed Territorial Government Subcontractors to defend and protect the District Corporations against the American Public, at the expense of the American Public.
It was during this time period from the 1880s to the 1930's that various other "government" departments and functions were secretly privatized and farmed out to individual privately owned and operated corporations in the business of providing essential government services.
It was during this period of time that the Federal Reserve System, Inc. came into being and the United States Department of the Treasury, Inc. and the Bureau of Land Management, Inc. and the various state-level Bureaus of Vital Statistics came into being.
These are all private enterprises secretly and deceptively operating under color of law as if they have legitimate government authority, and all of their assumed powers have rested on the same practice of "secondary delegation" of powers that has been overturned in the Loper Bright Enterprises decision.
Please note that the International Monetary Fund, Inc., has operated as the United States Department of the Treasury, Inc., and as the United States Treasury, Inc., since 1924. These, in turn, have been acting in concert with the Internal Revenue Service, Inc. These are all British Crown Corporations.
Meanwhile, the IMF, INC. has operated as the US DEPARTMENT OF THE TREASURY, INC., and the UNITED STATES TREASURY, INC. and UNITED STATES OF AMERICA, INC., and so on, in a similar "mirrored" bureaucracy having little or nothing to do with this actual country or our people. These are all Holy Roman Empire Municipal Corporations.
It's clear that the overturning of the Chevron Deference Doctrine means overturning many of the powers assumed by these incorporated entities and de-legalizing many of the enforcement activities that have been used to purloin property interests and illegally confiscate assets belonging to Americans beginning in the 1880's.
The so-called "Executive Powers" exercised by FDR and his Successors to accomplish all these evil ends and to benefit from corporate cronyism are similarly overturned by this decision, in that the Executives of the Federal Municipal Corporations can no longer delegate their powers away to these incorporated Agencies.
Like the Territorial and Municipal Congresses, the Presidents are now stuck doing their own dirty work and are liable for the performance and the results.
As Americans, we are pleased, but wary.
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