The Constitution vests all legislative powers in Congress, and thus bars Congress from splitting its authority with an unelected executive official. Nonetheless, when Congress in 2006 wrote the rules for registration of sex offenders in the Sex Offender Registration and Notification Act (SORNA), it gave a blank sheet, with no guidelines, to the Attorney General to create registration rules for past offenders.
This executive lawmaking is being challenged at the U.S. Supreme Court in Gundy v. United States. Although the particular case concerns registration rules for sex offenders, the decision here will have sweeping implications for all sorts of executive lawmaking. The New Civil Liberties Alliance (NCLA) therefore today filed an amicus brief urging the Court to recognize that its doctrines have legitimized a wide range of unconstitutional executive lawmaking.
“Congress cannot surrender its lawmaking authority,” said Mark Chenoweth, NCLA Executive Director and General Counsel. “Worse yet, Congress may not assign the drafting of criminal laws to the Attorney General, who is the nation’s top prosecutor.”
NCLA’s central legal points include:
This…..seems like it could be huge. I’m sick of getting my hopes up, but even more sickening is the fact that those in charge at the top creating our laws are those who’s sole purpose in life is to pursue punishment of others and stop at nothing to achieve it. There is no balance and weather they want to admit it or not, it’s eroding society. Those sworn to protect should be protecting ALL of us. Us and OUR Children included. Instead most of us are living like cockroaches. Just trying to survive in the shadows living off crumbs hoping some sick politician doesn’t come try to step on us. If all that matters to them is votes, then let’s band together and take them away and give them to someone that will stand up and defend our constitution. End rant.
Can someone from this group speak at the ACSOL conference? They could be huge allies in this cause. RC laws may be one of their best examples of unconstitutional delegation. Of course, I would not be interested in Congress just taking the Justice Dept’s interpretations and codifying them. Would this group be ok with that as long as it actually came from Congress? One wonders.
Bullseye!!! Thank you, thank you.
It seems to me that if “Congress cannot surrender its lawmaking authority, to the AG the nation’s top prosecutor. And the win is for Gundy then Sorna would be deemed unconstitutional and sent back to congress to rewrite into a constitutional law and being, constitutional each aspect of it would meet constitutional guidelines. And would not apply to offenders retroactively, those who was convicted before passage of new law! This is how it should go down!
I contacted the attorneys and received a responde in about ten to twenty minutes later. Here is what I wrote and the reply.
Hello Mr. Martyak,
My name is Michael Richardson and I have a Pro Se Compliant filed and proceeding through the California Eastern District Court and am in desperate need of assistance. I have tried and contacted every source I could possibly imagine and no one has showed any interest in helping me. My entire chronological case can be found on my site at http://mllkeys20112011.wixsite.com/mysite
Here is a copy of the current brief I am working on right now in preparation of trial in the coming months. If you would take the time to read through the docs and get back to me and let me know if this is something that you or your organization my get involved in that would be great. I am doing okay and holding my own so far but it would be great to have some legal expertise assisting me.
You can also locate my complete case on Pacer at https://www.pacermonitor.com/public/case/22413828/PS_Richardson_v_Sessions_et_al
Thank you for your time and I truly hope to hear back from you,
Michael
Thank you for your email, Mr. Richards.
I will discuss with my legal colleagues and respond further next week.
Sincerely,
Joe Martyak
I guess we will see what happens if they are just going to be lime all the rest.
So if they determine that congress has to make the rules then would we be bound by the current rules until Congress updates them or would we not need to comply with SORNA until Congress did pass whatever rules they decide? If we didn’t have to comply until congress came up with their own rules then we could get some relief from SORNA for the time being such as the 21 day notice to travel… correct?
Before IML was passed it stalled in congress for years. So the AG simply added the 21 day notice into AWA. No legislation was written, debated or voted on. How in the hell can that be LAW????