ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459

Monthly Meetings: Dec 14 – Phone | details (2020 Dates added)

Emotional Support Group Meetings (Los Angeles, Sacramento, Phone)

National

Supreme Court Won’t Weigh Curbing U.S. Agency Powers

[bloomberglaw.com – 11/25/19]

The U.S. Supreme Court refused Nov. 25 to once again consider whether Congress is disregarding a long-held legal doctrine and giving too much power to federal agencies.

Last term a short-handed Supreme Court refused to reinvigorate the “non-delegation doctrine,” which prohibits lawmakers from effectively passing off their legislative authority to another branch of government. The doctrine was used to upend New Deal legislation in the 1930s, but has been dormant since.

Conservatives and libertarians eager to dismantle the so-called administrative state are eager for the court to find that Congress has violated separation of powers and to curb executive authority.

But the justices refused to take up Ronald Paul’s and Arnold Caldwell’s appeals, who each claim that Congress violated the doctrine when it delegated to the attorney general the decision of whether sex offender registry laws should apply retroactively to those who were convicted of sex crimes before the reporting requirements were enacted.

Read more

 

Join the discussion

  1. Tim in WI

    IMO,
    Once a man enters a plea & waiver, he or she waived right to the non delegation clause and its protections. While I’ve not yet read either ruling nor case either description…. I do not need to.

    • CR

      The nondelegation doctrine has to do with enforcing the Constitutional separation of powers. Has nothing at all to do with someone being on trial and waving their rights. It’s about the degree to which Congress can delegate lawmaking authority to the other branches of government.

      The two cases discussed in that article, along with Gundy, are dead. They won’t be heard. Which means that last term’s Gundy decision stands. The AG can write and modify SORA statutes as it wishes, and apply them retroactively to people whose crimes predated the effective date of the ACT, without violating the constitution.

      • Tim in WI

        Congress may not delegate authority upon an Attorney General to “act” as if he were from within the jurisdiction of the judicial branch. Ex: imposing Sentence structure.

        While AGs have already the authority to ” promulgate ” the new law by estab.clauses, any law or ” role” specifically NOT placed upon OR within the judicial branch determination by a doctrine or via constitutional clause is OFF LIMITS.

        AGs can not act as judges act ( set & sign off on incarceration term) alone as per stare decis. Sentencing statutes requirements outright include demand all three parties input PRIOR TO decis. Had SCOTUS03 went the way of the minority AGx would not have been permitted to include the ex post person on state’s registry.* Even if they’d plead guilty & signed waiver.
        OF COURSE all were included anyway because 03 is a full decade AFTER first promulgated (WI Act 98(93)). The dye caste.

        However, now we’ve seen Carr, Packingham, Munoz, etc.and the new dress exposed as same ole.[cite omitted] So logic dictates a poison fruit is sired by a poison root but how best to dig it up? Plausible deniability in “public safety” & “assisting law enforcement” are two different types of aims, the latter requiring far more constitutional attention to detail.
        What more ” assisting” to LEO is continuous electronic search?- Grady v. NC

        While Grady contemplated SBM, tacit regular electronic search upon the whole of the people was certainly recognized by the Federal Courts. Judge Cleland (Deceased OKC BOMB JUDGE) pointed it out as well. Giving the cops Addresses – email, or platform identification, or flat out internet protocol addresses gives and identifying agents a target to ” search for” instances of use data as they naturally flow through the infrastructure via servers. There are facilities built specifically to collect these instances of use both public and private. This behavior is the basis for Google’s business model.The assistance to LEO does stop there. Do not SOR registration form demand knowledge of insight to what can only be had by mind reading? A combination to a safe? A key to a locked box? (eff.org) IPhones specifically use encryption to prevent prying eyes yet LEO demands to overcome that too.

        *SOR is a regime that works plain indenture. While not contemplated nor acknowledged in 03 the database machines are ” property.” Properties as in a real sense in that maintenance is a necessary distinction. While no reasonable man may dispute a people’s right to own and maintain a database of convicted bad actors, the reasonable man may certainly question the plain indenture of its maintenance, and it’s effect especially if it works anti-liberty. Free men are paid to maintain machines are they not?

        I got a letter from Rock County DA today telling me if I comply he will dismiss my charge FTR,
        HA! Dropped a motion to compel discovery on Monday, given the DOC FORM -20 Notice of judgement is the paper vehicle making DOC commitment lawful and they do not have one that sentences a life term. BTW the clerk of courts stamp makes the judgement ” enforceable ” by WI statute. DOC-20 is the typical means by which a citizen of WI is committed to DOC. I sought discovery on the atypical means by which the SOR was attached ex post. This tact gets me to names and contact information of DOC&DOJ agents involved, what processes were used etc. All atypical naturally, except I’d not waived via plea. Connecticut DPS similarly situated individuals were “convicted and waivered” that court referenced the available substantive not being weighed in the idiotic redeprivation claim. Signing a waiver is tantamount to forfeiting your queen in the game of chess. Thus 9-0. Only the clearest proof would suffice to overcome what Congress….
        Assuming arguendo….
        IMO every registrant must get opportunity to contest with benefit of council before implementation. To morality of the plain indenture human to machine subservience is a question for humanity whole and in the plain site of public square, not masked behind blind benevolence. A population of electronic pilloried are pilloried none the less. Who would benefit most though if proven ineffective in original intent? The dye irretrievably caste upon the masses with no proof it would work. Grady had assaulted his step daughter in his home; thus GPS in terms of jurisdiction would not prevent Mr. Grady’s ” proven propensity” to attack those in his home. To presume his modality lends itself to attacks in other venues presumes to much. Remember it is Congress who attached the necessity of the machine regime to “proven nature of high recidivism” inherent in sex offenders.

        • Will Allen

          I’ve told you before that I have great difficulty reading your writing. I typically just scan it and don’t try to make complete sense of it. So I did that for this and did I pull out a gem?:

          I got a letter from Rock County DA today telling me if I comply he will dismiss my charge FTR,

          That seems like great news. So if you do what they ask, they will drop criminal charges? Seems like it would be good to do that. Then you can attack it later.

          No offense, but it did immediately cross my mind that the reason the DA might do that is that he read some of your court writings and was overwhelmed by the confusion and incomprehensibility of it. He/She decided it was’t worth dealing with! That would be hilarious.

          Just an aside but, can I offer some advice which you can ignore if you like? Do you want people to understand what you write or are you just trying to impress them? If you want them to understand, I think you will have to spell things out a lot more simply and clearly. Write to people like they have the reading comprehension skills of the average 15 year old or whatever.

        • Tim in WI

          Will A,
          I got no such offer to dismiss from the same DAs when represented by Wisconsin public defender in 2007, or 2011. I filed the motion to get me to AGDoyle who became Govenor. I fully intend to put him on the stand in my own defense.The reason our founders gave the people under indictment such incredible power to call witnesses. They did so for accountability purposes when endemic corruption became an issue- they understood from history the tendency for Democratic forms of gov to collapse because of it. Popularity rarely equates to sustainability nor equity in rights.

  2. Anonymous

    Does anyone else see this as the beginning of the end? To hell in a hand basket.

  3. TS

    I cannot remember offhand but what is the case SCOTUS decided to rehear this term after hearing it last term? Anyone remember? Is it related to this topic?

    • David

      @ TS:. The article mentions this:
      “The justices separately turned away a long-pending request to reconsider last term’s case, Gundy v. United States.”
      So maybe it was “Gundy” that you were thinking of?

  4. Tim in WI

    Mike German, Author:
    Disrupt, Discredit, and Divide: How the new FBI damages Democracy.

    Since when do authorities dissolve their own power. Never because Administrative conservators by definition are compelled to expand agency jurisdictional boundary and tax dollar appropriations.

  5. David

    In America🇺🇸, another Shame-Day on the Registry.
    Meanwhile, in Germany🇧🇪: https://www.newsweek.com/germanys-highest-court-rules-convicted-murderer-has-right-forgotten-online-1474561

  6. Lake County, Important Lawyer Opinion

    Supreme Court Justice Brett Kavanaugh issued a “statement” that signaled his support for “revisiting” the “non-delegation doctrine”. But a “revisit” might mean undoing a large part of the U.S. Government: the power that has been delegated to “Administrative Agencies”.

    This video below was made by an attorney that posts on YouTube daily. He made this video to discus the Gundy vs United States and Ronald W Paul vs United States. He feels that Justice Kavanough is signalling that he wants to hear a better case with the delegation issues. So perhaps this issue is far from dead.

    Justice Kavanaugh Wants to Undo the Government – Could this be a Good Thing?
    https://www.youtube.com/watch?v=Zvkc1CYFUG4

    • R M

      The Supreme Court of the US has basically said the separation of powers is not upheld. That’s mind bungling. Authoritarian at it’s best. In other words, the ones who brought this case to light aren’t worthy of a Supreme Court of the US case.

  7. David

    😠 Yes, RM, because the ex post facto punishment of Registrants is not a clear enough argument AGAINST the unconstitutional delegation of authority?? I agree with you – it’s mind-blowing. How could anything be more clearly inappropriate than having the authority who is going to do the charging decide how laws will be created and applied?! What case could possibly offer a more clear cut argument??? 😠

Leave a Reply

We welcome a lively discussion with all view points - keeping in mind...  
  • Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  • Please keep the tone of your comment civil and courteous. This is a public forum.
  • Please stay on topic - both in terms of the organization in general and this post in particular.
  • Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  • Please take personal conversations off this forum.
  • We will not publish any comments advocating for violent or any illegal action.
  • We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  • Please refrain from copying and pasting repetitive and lengthy amounts of text.
  • Please do not post in all Caps.
  • If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  • We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  • We will not publish any posts containing any names not mentioned in the original article.
  • Please choose a user name that does not contain links to other web sites
  • Please send any input regarding moderation or other website issues to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

Your email address will not be published. Required fields are marked *

Please answer this question to prove that you are not a robot *

.