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Study finds 98% of FDA rules unconstitutional
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May 14, 2019 08:36:05   #
no propaganda please (a regular here)
 
WND EXCLUSIVE
Study finds 98% of FDA rules unconstitutional
Issued by career bureaucrats without authority to do so
Published: 12 hours ago

Ninety-eight percent of the rules issued recently by the U.S. Food and Drug Administration were unconstitutional because the bureaucrats who created them lacked authority, a new study finds.

The Pacific Legal Foundation, which conducted the research, also found that nearly three-fourths of the rules from the Health and Human Services Department, 71 percent, are unconstitutional, based on who finalized and issued them.

The majority of unconstitutional rules were from the FDA.

“Among substantive final rules considered to have a significant regulatory impact by the Office of Management and Budget, 80 from the FDA were unconstitutional – 93% of all substantive and significant HHS rules,” the study found.

The study looked at 2,952 rules from HHS over a 17-year period from 2001 through 2017.

Most came from those “low-level officials and career employees who lack constitutional authority.”

“Such rules are unconstitutional,” the report said. “The Constitution requires that significant government decisions must be made solely by ‘principal officers’ appointed by the president after Senate confirmation. Issuing a regulation with the force of law is one of those actions that only principal officers can perform.”

Report co-author Thomas Berry, an attorney at Pacific Legal Foundation, argued that in a democracy, “those who make the rules need to be accountable to the people.”

“That’s why the Framers included the Appointments Clause in the Constitution,” he said. “Only properly appointed officers in the executive branch may issue regulations that are binding on the public. This preserves democratic accountability for significant executive branch actions.”

One example is the “deeming rule,” which classifies tobacco-free vaping products as tobacco products. “The rule prohibits Steve Green, a California vape shop owner, from telling his customers his story about using vaping to stop smoking and recover from early signs of emphysema,” PLF’s report said.

“Among the hundreds of illegal FDA rules, 25 rules were classified as significant because they had an impact on the American economy of at least $100 million or had other significant economic impacts,” said Angela Erickson, PLF’s strategic research director and study co-author.

“Congress and the White House should ensure that this practice ends and agencies comply with the law.”

Another example is that because of the FDA, “dairy farmers such as Randy Sowers of Frederick County, Maryland, cannot call their skim milk ‘skim milk’ without first adding artificial vitamins,” PLF’s report said.
Find Out More >
13,136

“Congress needs to ensure that rulemaking under statutes it enacts is exercised solely by democratically accountable officers – principal officers nominated by the president and confirmed by the U.S. Senate. It can do so by using confirmation hearings, appropriations bills, and regulatory reform legislation. Congress also needs to expressly prohibit delegations of rulemaking authority from Senate-confirmed officials to career bureaucrats.”

The president also could help, the report said.

“The president can act on his own. With a stroke of his pen, he can and should order his senior appointees to take personal responsibility for regulations issued during his administration.”

One of President Trump’s goals in office was to eliminate unnecessary federal rules, and he has exceeded expectations.

“The current administration made a serious commitment to reduce the regulatory burden, and numerous members of Congress from both parties share this goal. For these reform-minded leaders, ending the unconstitutional practice of delegating authority for issuing final rules should be a top priority,” the report said.

“The growing thicket of red tape created by countless federal regulations stifles American economic growth, wages, and job creation,” PLF said. “It raises prices, limits consumer choice, and restricts individual liberty. The toll on economic growth alone is significant. From 1980 through 2012, regulations cost Americans $4 trillion in economic growth – $13,000 per person.”

| Reply
May 14, 2019 09:12:59   #
Sew_What
 
no propaganda please wrote:
WND EXCLUSIVE
Study finds 98% of FDA rules unconstitutional
Issued by career bureaucrats without authority to do so
Published: 12 hours ago

Ninety-eight percent of the rules issued recently by the U.S. Food and Drug Administration were unconstitutional because the bureaucrats who created them lacked authority, a new study finds.

The Pacific Legal Foundation, which conducted the research, also found that nearly three-fourths of the rules from the Health and Human Services Department, 71 percent, are unconstitutional, based on who finalized and issued them.

The majority of unconstitutional rules were from the FDA.

“Among substantive final rules considered to have a significant regulatory impact by the Office of Management and Budget, 80 from the FDA were unconstitutional – 93% of all substantive and significant HHS rules,” the study found.

The study looked at 2,952 rules from HHS over a 17-year period from 2001 through 2017.

Most came from those “low-level officials and career employees who lack constitutional authority.”

“Such rules are unconstitutional,” the report said. “The Constitution requires that significant government decisions must be made solely by ‘principal officers’ appointed by the president after Senate confirmation. Issuing a regulation with the force of law is one of those actions that only principal officers can perform.”

Report co-author Thomas Berry, an attorney at Pacific Legal Foundation, argued that in a democracy, “those who make the rules need to be accountable to the people.”

“That’s why the Framers included the Appointments Clause in the Constitution,” he said. “Only properly appointed officers in the executive branch may issue regulations that are binding on the public. This preserves democratic accountability for significant executive branch actions.”

One example is the “deeming rule,” which classifies tobacco-free vaping products as tobacco products. “The rule prohibits Steve Green, a California vape shop owner, from telling his customers his story about using vaping to stop smoking and recover from early signs of emphysema,” PLF’s report said.

“Among the hundreds of illegal FDA rules, 25 rules were classified as significant because they had an impact on the American economy of at least $100 million or had other significant economic impacts,” said Angela Erickson, PLF’s strategic research director and study co-author.

“Congress and the White House should ensure that this practice ends and agencies comply with the law.”

Another example is that because of the FDA, “dairy farmers such as Randy Sowers of Frederick County, Maryland, cannot call their skim milk ‘skim milk’ without first adding artificial vitamins,” PLF’s report said.
Find Out More >
13,136

“Congress needs to ensure that rulemaking under statutes it enacts is exercised solely by democratically accountable officers – principal officers nominated by the president and confirmed by the U.S. Senate. It can do so by using confirmation hearings, appropriations bills, and regulatory reform legislation. Congress also needs to expressly prohibit delegations of rulemaking authority from Senate-confirmed officials to career bureaucrats.”

The president also could help, the report said.

“The president can act on his own. With a stroke of his pen, he can and should order his senior appointees to take personal responsibility for regulations issued during his administration.”

One of President Trump’s goals in office was to eliminate unnecessary federal rules, and he has exceeded expectations.

“The current administration made a serious commitment to reduce the regulatory burden, and numerous members of Congress from both parties share this goal. For these reform-minded leaders, ending the unconstitutional practice of delegating authority for issuing final rules should be a top priority,” the report said.

“The growing thicket of red tape created by countless federal regulations stifles American economic growth, wages, and job creation,” PLF said. “It raises prices, limits consumer choice, and restricts individual liberty. The toll on economic growth alone is significant. From 1980 through 2012, regulations cost Americans $4 trillion in economic growth – $13,000 per person.”
WND EXCLUSIVE br Study finds 98% of FDA rules unco... (show quote)


....ask coal miners how they feel about how insulting it was to incorporate regulations to protect their lungs.

...or ask drug makers why they do so many tests on drugs before releasing for use...

-Or, ask yourself, the FDA has not approved of marijuana use for any medical issues with the acceptance of appetite enhancement for cancer patients.

...unless you're in favor of medical marijuana?

So go ahead, start smoking so you can vape instead...or how 'bout just don't smoke like the FDA says you shouldn't. Cuz' I'm sure am not going to stand in the way of someone who wants to kill themselves, especially if it's your genetic material not passed along...

| Reply
May 14, 2019 09:32:36   #
debeda (a regular here)
 
no propaganda please wrote:
WND EXCLUSIVE
Study finds 98% of FDA rules unconstitutional
Issued by career bureaucrats without authority to do so
Published: 12 hours ago

Ninety-eight percent of the rules issued recently by the U.S. Food and Drug Administration were unconstitutional because the bureaucrats who created them lacked authority, a new study finds.

The Pacific Legal Foundation, which conducted the research, also found that nearly three-fourths of the rules from the Health and Human Services Department, 71 percent, are unconstitutional, based on who finalized and issued them.

The majority of unconstitutional rules were from the FDA.

“Among substantive final rules considered to have a significant regulatory impact by the Office of Management and Budget, 80 from the FDA were unconstitutional – 93% of all substantive and significant HHS rules,” the study found.

The study looked at 2,952 rules from HHS over a 17-year period from 2001 through 2017.

Most came from those “low-level officials and career employees who lack constitutional authority.”

“Such rules are unconstitutional,” the report said. “The Constitution requires that significant government decisions must be made solely by ‘principal officers’ appointed by the president after Senate confirmation. Issuing a regulation with the force of law is one of those actions that only principal officers can perform.”

Report co-author Thomas Berry, an attorney at Pacific Legal Foundation, argued that in a democracy, “those who make the rules need to be accountable to the people.”

“That’s why the Framers included the Appointments Clause in the Constitution,” he said. “Only properly appointed officers in the executive branch may issue regulations that are binding on the public. This preserves democratic accountability for significant executive branch actions.”

One example is the “deeming rule,” which classifies tobacco-free vaping products as tobacco products. “The rule prohibits Steve Green, a California vape shop owner, from telling his customers his story about using vaping to stop smoking and recover from early signs of emphysema,” PLF’s report said.

“Among the hundreds of illegal FDA rules, 25 rules were classified as significant because they had an impact on the American economy of at least $100 million or had other significant economic impacts,” said Angela Erickson, PLF’s strategic research director and study co-author.

“Congress and the White House should ensure that this practice ends and agencies comply with the law.”

Another example is that because of the FDA, “dairy farmers such as Randy Sowers of Frederick County, Maryland, cannot call their skim milk ‘skim milk’ without first adding artificial vitamins,” PLF’s report said.
Find Out More >
13,136

“Congress needs to ensure that rulemaking under statutes it enacts is exercised solely by democratically accountable officers – principal officers nominated by the president and confirmed by the U.S. Senate. It can do so by using confirmation hearings, appropriations bills, and regulatory reform legislation. Congress also needs to expressly prohibit delegations of rulemaking authority from Senate-confirmed officials to career bureaucrats.”

The president also could help, the report said.

“The president can act on his own. With a stroke of his pen, he can and should order his senior appointees to take personal responsibility for regulations issued during his administration.”

One of President Trump’s goals in office was to eliminate unnecessary federal rules, and he has exceeded expectations.

“The current administration made a serious commitment to reduce the regulatory burden, and numerous members of Congress from both parties share this goal. For these reform-minded leaders, ending the unconstitutional practice of delegating authority for issuing final rules should be a top priority,” the report said.

“The growing thicket of red tape created by countless federal regulations stifles American economic growth, wages, and job creation,” PLF said. “It raises prices, limits consumer choice, and restricts individual liberty. The toll on economic growth alone is significant. From 1980 through 2012, regulations cost Americans $4 trillion in economic growth – $13,000 per person.”
WND EXCLUSIVE br Study finds 98% of FDA rules unco... (show quote)


Interesting article. There are certainly so.e rules that are important and should be kept, but some of the rules are ridiculous. Vitamins in skim milk, for instance. Huh? Thanks for sharing

| Reply
May 14, 2019 10:05:52   #
bahmer (a regular here)
 
no propaganda please wrote:
WND EXCLUSIVE
Study finds 98% of FDA rules unconstitutional
Issued by career bureaucrats without authority to do so
Published: 12 hours ago

Ninety-eight percent of the rules issued recently by the U.S. Food and Drug Administration were unconstitutional because the bureaucrats who created them lacked authority, a new study finds.

The Pacific Legal Foundation, which conducted the research, also found that nearly three-fourths of the rules from the Health and Human Services Department, 71 percent, are unconstitutional, based on who finalized and issued them.

The majority of unconstitutional rules were from the FDA.

“Among substantive final rules considered to have a significant regulatory impact by the Office of Management and Budget, 80 from the FDA were unconstitutional – 93% of all substantive and significant HHS rules,” the study found.

The study looked at 2,952 rules from HHS over a 17-year period from 2001 through 2017.

Most came from those “low-level officials and career employees who lack constitutional authority.”

“Such rules are unconstitutional,” the report said. “The Constitution requires that significant government decisions must be made solely by ‘principal officers’ appointed by the president after Senate confirmation. Issuing a regulation with the force of law is one of those actions that only principal officers can perform.”

Report co-author Thomas Berry, an attorney at Pacific Legal Foundation, argued that in a democracy, “those who make the rules need to be accountable to the people.”

“That’s why the Framers included the Appointments Clause in the Constitution,” he said. “Only properly appointed officers in the executive branch may issue regulations that are binding on the public. This preserves democratic accountability for significant executive branch actions.”

One example is the “deeming rule,” which classifies tobacco-free vaping products as tobacco products. “The rule prohibits Steve Green, a California vape shop owner, from telling his customers his story about using vaping to stop smoking and recover from early signs of emphysema,” PLF’s report said.

“Among the hundreds of illegal FDA rules, 25 rules were classified as significant because they had an impact on the American economy of at least $100 million or had other significant economic impacts,” said Angela Erickson, PLF’s strategic research director and study co-author.

“Congress and the White House should ensure that this practice ends and agencies comply with the law.”

Another example is that because of the FDA, “dairy farmers such as Randy Sowers of Frederick County, Maryland, cannot call their skim milk ‘skim milk’ without first adding artificial vitamins,” PLF’s report said.
Find Out More >
13,136

“Congress needs to ensure that rulemaking under statutes it enacts is exercised solely by democratically accountable officers – principal officers nominated by the president and confirmed by the U.S. Senate. It can do so by using confirmation hearings, appropriations bills, and regulatory reform legislation. Congress also needs to expressly prohibit delegations of rulemaking authority from Senate-confirmed officials to career bureaucrats.”

The president also could help, the report said.

“The president can act on his own. With a stroke of his pen, he can and should order his senior appointees to take personal responsibility for regulations issued during his administration.”

One of President Trump’s goals in office was to eliminate unnecessary federal rules, and he has exceeded expectations.

“The current administration made a serious commitment to reduce the regulatory burden, and numerous members of Congress from both parties share this goal. For these reform-minded leaders, ending the unconstitutional practice of delegating authority for issuing final rules should be a top priority,” the report said.

“The growing thicket of red tape created by countless federal regulations stifles American economic growth, wages, and job creation,” PLF said. “It raises prices, limits consumer choice, and restricts individual liberty. The toll on economic growth alone is significant. From 1980 through 2012, regulations cost Americans $4 trillion in economic growth – $13,000 per person.”
WND EXCLUSIVE br Study finds 98% of FDA rules unco... (show quote)


Amen and Amen an excellent article thanks for posting NPP now if they will o nly act and remove those laws and regulations and free us up.

| Reply
May 14, 2019 12:41:47   #
no propaganda please (a regular here)
 
bahmer wrote:
Amen and Amen an excellent article thanks for posting NPP now if they will o nly act and remove those laws and regulations and free us up.


I honestly believe that people should have the right to do the things that they KNOW will be damaging to their health. However, they should have to suffer the results, not the American taxpayers. the groups that anger me the most are those who repeatidly use dangerous mood altering drugs and the taxpayers have to foot the bill for the damage, and the groups that insist on sexual behavior that they know is dangerous, and again expect the taxpayers pay their medical expenses for the rest of their lives, while they keep spreading the virus. That, in itself , should be a crime. But the bath houses were not allowed to be closed down, and still are there and being used.

| Reply
May 14, 2019 12:50:55   #
bahmer (a regular here)
 
no propaganda please wrote:
I honestly believe that people should have the right to do the things that they KNOW will be damaging to their health. However, they should have to suffer the results, not the American taxpayers. the groups that anger me the most are those who repeatidly use dangerous mood altering drugs and the taxpayers have to foot the bill for the damage, and the groups that insist on sexual behavior that they know is dangerous, and again expect the taxpayers pay their medical expenses for the rest of their lives, while they keep spreading the virus. That, in itself , should be a crime. But the bath houses were not allowed to be closed down, and still are there and being used.
I honestly believe that people should have the rig... (show quote)


And bath house Barry probably still frequents them as well.

| Reply
May 15, 2019 15:39:16   #
Sew_What
 
no propaganda please wrote:
I honestly believe that people should have the right to do the things that they KNOW will be damaging to their health. However, they should have to suffer the results, not the American taxpayers. the groups that anger me the most are those who repeatidly use dangerous mood altering drugs and the taxpayers have to foot the bill for the damage, and the groups that insist on sexual behavior that they know is dangerous, and again expect the taxpayers pay their medical expenses for the rest of their lives, while they keep spreading the virus. That, in itself , should be a crime. But the bath houses were not allowed to be closed down, and still are there and being used.
I honestly believe that people should have the rig... (show quote)


So you agree with prostitution, pedophilia, rape, eating poor foods, taking drugs without express involvement from a doctor...what an outstanding person you are...not.

| Reply
May 15, 2019 15:55:05   #
Blade_Runner (a regular here)
 
Sew_What wrote:
So you agree with prostitution, pedophilia, rape, eating poor foods, taking drugs without express involvement from a doctor...what an outstanding person you are...not.
Yeah, all the debauchery and immorality progressives condone and promote.

| Reply
May 15, 2019 16:25:47   #
no propaganda please (a regular here)
 
Sew_What wrote:
So you agree with prostitution, pedophilia, rape, eating poor foods, taking drugs without express involvement from a doctor...what an outstanding person you are...not.


Just what kind of an addled brain would interpret anything I have ever said in the ass backwards way you just did? Apparently you agree with the song I'd rather have a bottle in front of me than a frontal lobotomy but now have had both..

| Reply
May 15, 2019 17:14:19   #
Morgan
 
no propaganda please wrote:
WND EXCLUSIVE
Study finds 98% of FDA rules unconstitutional
Issued by career bureaucrats without authority to do so
Published: 12 hours ago

Ninety-eight percent of the rules issued recently by the U.S. Food and Drug Administration were unconstitutional because the bureaucrats who created them lacked authority, a new study finds.

The Pacific Legal Foundation, which conducted the research, also found that nearly three-fourths of the rules from the Health and Human Services Department, 71 percent, are unconstitutional, based on who finalized and issued them.

The majority of unconstitutional rules were from the FDA.

“Among substantive final rules considered to have a significant regulatory impact by the Office of Management and Budget, 80 from the FDA were unconstitutional – 93% of all substantive and significant HHS rules,” the study found.

The study looked at 2,952 rules from HHS over a 17-year period from 2001 through 2017.

Most came from those “low-level officials and career employees who lack constitutional authority.”

“Such rules are unconstitutional,” the report said. “The Constitution requires that significant government decisions must be made solely by ‘principal officers’ appointed by the president after Senate confirmation. Issuing a regulation with the force of law is one of those actions that only principal officers can perform.”

Report co-author Thomas Berry, an attorney at Pacific Legal Foundation, argued that in a democracy, “those who make the rules need to be accountable to the people.”

“That’s why the Framers included the Appointments Clause in the Constitution,” he said. “Only properly appointed officers in the executive branch may issue regulations that are binding on the public. This preserves democratic accountability for significant executive branch actions.”

One example is the “deeming rule,” which classifies tobacco-free vaping products as tobacco products. “The rule prohibits Steve Green, a California vape shop owner, from telling his customers his story about using vaping to stop smoking and recover from early signs of emphysema,” PLF’s report said.

“Among the hundreds of illegal FDA rules, 25 rules were classified as significant because they had an impact on the American economy of at least $100 million or had other significant economic impacts,” said Angela Erickson, PLF’s strategic research director and study co-author.

“Congress and the White House should ensure that this practice ends and agencies comply with the law.”

Another example is that because of the FDA, “dairy farmers such as Randy Sowers of Frederick County, Maryland, cannot call their skim milk ‘skim milk’ without first adding artificial vitamins,” PLF’s report said.
Find Out More >
13,136

“Congress needs to ensure that rulemaking under statutes it enacts is exercised solely by democratically accountable officers – principal officers nominated by the president and confirmed by the U.S. Senate. It can do so by using confirmation hearings, appropriations bills, and regulatory reform legislation. Congress also needs to expressly prohibit delegations of rulemaking authority from Senate-confirmed officials to career bureaucrats.”

The president also could help, the report said.

“The president can act on his own. With a stroke of his pen, he can and should order his senior appointees to take personal responsibility for regulations issued during his administration.”

One of President Trump’s goals in office was to eliminate unnecessary federal rules, and he has exceeded expectations.

“The current administration made a serious commitment to reduce the regulatory burden, and numerous members of Congress from both parties share this goal. For these reform-minded leaders, ending the unconstitutional practice of delegating authority for issuing final rules should be a top priority,” the report said.

“The growing thicket of red tape created by countless federal regulations stifles American economic growth, wages, and job creation,” PLF said. “It raises prices, limits consumer choice, and restricts individual liberty. The toll on economic growth alone is significant. From 1980 through 2012, regulations cost Americans $4 trillion in economic growth – $13,000 per person.”
WND EXCLUSIVE br Study finds 98% of FDA rules unco... (show quote)


You guys won't be happy until you strip us of all our protections. This article is such an extreme one sided slant put out by the Pacific Legal foundation, another Koch brother organization. How much do you want to completely hand over the USA to a pair of self promoting brothers. These guys want to have it all and don't give a hoot on what makes people sick or unprotected. They are the very engine turning citizens against its own country and against each other and the true enemy.

The Pacific Legal Foundation is a Sacramento based company, it is the key right-wing public interest litigation firm in a network of similar organizations funded initially by Scaife Foundations money across the USA to support capitalism and oppose environmental and health activism and government regulation.

This so call report loses it's credibility due to who has done it along with their one sided agenda in mind, which is in opposition of preserving a healthy environment. It has ONE agenda, to make more of a profit than before, everything else is collateral damage, which would be us BTW.

A Deeming Regulation: What is Possible Under the Law;Read...
http://publichealthlawcenter.org/sites/default/files/resources/tclc-fs-deeming-reg-what-is-possible-2014.pdf

| Reply
May 15, 2019 17:44:02   #
Larry the Legend (a regular here)
 
no propaganda please wrote:
Study finds 98% of FDA rules unconstitutional
Issued by career bureaucrats without authority to do so

Gee, there's an Earth-shattering revelation - NOT!
Most of what the Federal Government does is more than a little on the shady side, Constitution-wise, going back all the way to George Washington and his reaction the the 'Whiskey Rebellion'. Not a single President, not even the sainted George Washington, presided over a fully constitutional government. Not one. It's just a lot more obvious now than it was 200 years ago.

| Reply
May 15, 2019 19:37:50   #
debeda (a regular here)
 
Morgan wrote:
You guys won't be happy until you strip us of all our protections. This article is such an extreme one sided slant put out by the Pacific Legal foundation, another Koch brother organization. How much do you want to completely hand over the USA to a pair of self promoting brothers. These guys want to have it all and don't give a hoot on what makes people sick or unprotected. They are the very engine turning citizens against its own country and against each other and the true enemy.

The Pacific Legal Foundation is a Sacramento based company, it is the key right-wing public interest litigation firm in a network of similar organizations funded initially by Scaife Foundations money across the USA to support capitalism and oppose environmental and health activism and government regulation.

This so call report loses it's credibility due to who has done it along with their one sided agenda in mind, which is in opposition of preserving a healthy environment. It has ONE agenda, to make more of a profit than before, everything else is collateral damage, which would be us BTW.

A Deeming Regulation: What is Possible Under the Law;Read...
http://publichealthlawcenter.org/sites/default/files/resources/tclc-fs-deeming-reg-what-is-possible-2014.pdf
You guys won't be happy until you strip us of all ... (show quote)


So it's like SPLC and the like?

| Reply
May 15, 2019 23:06:52   #
Morgan
 
debeda wrote:
So it's like SPLC and the like?


You're being led by the Koch's anti government rhetoric.

| Reply
May 15, 2019 23:50:06   #
debeda (a regular here)
 
Morgan wrote:
You're being led by the Koch's anti government rhetoric.


Ummm......okee dokee then

| Reply
May 16, 2019 13:37:50   #
Sew_What
 
Sew_What wrote:
So you agree with prostitution, pedophilia, rape, eating poor foods, taking drugs without express involvement from a doctor...what an outstanding person you are...not.


Yup: you said it, because people have the right to the things that they know will be damaging....



| Reply
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