Re:Government’s PACER Fees Are Too High, Federal Circuit Says
by dragonwriter on Friday August 07, 2020 @07:18PM
(#24087410)
> But Congress cannot make administrative law
They could, but it would be kind of pointless (that is, Congress could adopt a statute giving an executive officer a non-discretionary ministerial duty to issue administrative regulation with precisely specified content, but it's just easy to pass a statute law with the same effect. Administrative lawmaking is not an independent power.)
> or enforce law.
What are the offices of Sergeant at Arms of each the House and Senate, if they aren’t law enforcement bodies directly controlled by the respective Houses of Congress?
Re:Government’s PACER Fees Are Too High, Federal Circuit Says
by User23 on Friday August 07, 2020 @10:01PM
(#24088347)
Congress can remove any Justice or Judge. Congress can in fact altogether abolish every single inferior Article III court, because they were all created by act of Congress. Congress can change the number of Justices on the Supreme Court.
Congress can remove the Executive.
Two given parties are not "co-equal" when one and only one party can fire the other party.
Congress cannot make administrative law or enforce law.
The Executive cannot appropriate money.
The Judiciary cannot enforce law or make laws.
For example: courts can issue contempt orders against the Executive branch (and many have) but the Executive branch can ignore them (as many have); Congress can pass as many laws as it wants, but unless the executive branch enforces those laws they mean little; the Executive can refuse to appoint/nominate Judges and Justices, nothing Congress or the Judiciary can do about that; and so on.