State of the Union

Vaclav

Bronze Baronet of the Realm
12,650
877
Technically he does. All those little changes he's been making like dispensing with the Employer Mandate for a year? Yeah he's technically not allowed to do that. Technically his job is to 'enforce the laws' that are technically legislated by Congress and that he technically gets to sign in toto or technically pocket veto, he doesn't get to alter them after the fact, technically. But technically who cares right? That is until the next President is a Republican.
First of all, he didn't - and second of all, yes it's allowed.

Administrative adjustment is allowed for the DHR to do based on any logistics their director finds necessary, and she's a breath away from him.

There's no "technically wrong" about it - it's misinformed idiots spewing bullshit as "data" and you taking it hook line and sinker because you're too stupid to see the patina of shit on the political feast they provide for you. And on "bill adjustments" he's done besides administrative adjustments (i.e. time tables) which ARE FUCKING ALLOWED UNDER GENERAL RULES FOR EVERY DEPARTMENT OF THE FED IN THE ARTICLES THAT SET UP EVERY SINGLE ONE if you can provide some proof I'd be happy to look it over.

But literally that's the entire reason every single department has a director - it's basically their only real function is to tweak rules on an administrative level by adjusting timeframes, doing small budget tweaks, and the like - they're not even real "management" that's an entirely different structure within each department.

You want the government to fail into anarchy or become even more costly quickly? Remove the ability for administrative adjustments to occur. Because without it the government loses almost all ability to be reactionary to anything. An oversight happens on a bill, can't do anything about it for months until a bill is fully drafted. A disaster happens? Months again. Riots start happening? Hope the normal police payroll is enough, because no administrative leeway means no emergency staffing money.

Ad nauseum.
 

fanaskin

Well known agitator
<Silver Donator>
55,854
137,953
this is an old argument and the truth is the president doesn't technically have any implied powers, he has enumerated powers, It doesn't matter how many people violated it in the past, that's what the truth is.
 

Vaclav

Bronze Baronet of the Realm
12,650
877
One of these things is not like the other. One of these things had to resign before he was tossed out of office.

See the trick is, the press used to do its job when Republicans were in office and kept them somewhat (not entirely) but somewhat honest. Not so when a Democrat is in office.

But it may not matter anymore. After Obama it will be all Imperial Presidency, all the time.

I, for one, welcome The Empire and spit on the Old Republic.
There was a report a couple years back during the "pristine news coverage for Obama" days that actually tabulated the number of negative articles and pieces done on Obama compared to any other President in history - W was the next closest, and he was somewhere around HALF the critical coverage that Obama received.

So unless Obama is a Republican all of a sudden - nope.

When even MSNBC is critical of him sometimes you know you're just plain old smoking crack. And probably bad crack, must have gotten it around Dover or something.
 

Vaclav

Bronze Baronet of the Realm
12,650
877
this is an old argument and the truth is the president doesn't technically have any implied powers, he has enumerated powers, It doesn't matter how many people violated it in the past, that's what the truth is.
Directing the Cabinet which have those powers is in his portfolio of powers. They don't have to listen to him, they can act somewhat autonomously of him against his wishes - but it's enumerated to the Cabinet to do pass on those orders to the Director of the given agency who again can opt to tweak what they're told to, but have to follow the general letter of the request.

It's deeper Civics than most people are aware of I'm sure - but it can't be THAT unknown that the Directors are allowed flexibility in timeframes and other absolutes as they need to be adjusted to "work properly" as they deem the latter to be.
 

fanaskin

Well known agitator
<Silver Donator>
55,854
137,953
goddamn, the countries been an empire since teddy Roosevelt helped acquire the Philippines and boasted he didn't have to follow the constitution, it's been a slippery slope ever since. that's why analyzing things with a "lowest common demoninator "W" did it neeneer approach is pedantically boring and mind numbingly partisan.
 

fanaskin

Well known agitator
<Silver Donator>
55,854
137,953
It's deeper Civics than most people are aware of I'm sure - but it can't be THAT unknown that the Directors are allowed flexibility in timeframes and other absolutes as they need to be adjusted to "work properly" as they deem the latter to be.
technically they have to follow the law if the law says they have to do it by X date, they don't have the authority to selectively apply the law, they are required to enforce the law. that's a giant criticism of Reagan is that he selectively choose what laws to enforce. I believe the reason the executive branch gets away with it since before we were born is nobody has standing to sue the executive branch for failure to enforce laws.
 

Vaclav

Bronze Baronet of the Realm
12,650
877
technically they have to follow the law if the law says they have to do it by X date, they don't have the authority to selectively apply the law, they are required to enforce the law. that's a giant criticism of Reagan is that he selectively choose what laws to enforce. I believe the reason the executive branch gets away with it since before we where born is nobody has standing to sue the executive branch for failure to enforce laws.
Incorrect - directors have had that power since the first Federal agencies were created. And the directors answer to the Cabinet that answer to the President. That's the only real purpose of the directors. Period.
 

Asshat wormie

2023 Asshat Award Winner
<Gold Donor>
16,820
30,964
I must have missed something. What did Obama do that is upsetting garglechimp10 so much?
 

Vaclav

Bronze Baronet of the Realm
12,650
877
I must have missed something. What did Obama do that is upsetting garglechimp10 so much?
The fact that the timeframe for employer penalties starting got adjusted by the Director of Health Services has got his goat as being "unconstitutional" because it's not a Presidential ability verbatim.

But since he gives orders to the people that give orders to the director - he can say "Do this" and most of the time it will happen per how the executive is supposed to operate. And the directors are allowed to adjust such things, just like a store manager is allowed some flexibility in what they do for customers to make things work it's just braindead parroting Malkin-style shit that really is loosely accurate, but factually completely fucking wrong how it's presented. You know, recent Republicanism 101.
 

fanaskin

Well known agitator
<Silver Donator>
55,854
137,953
Incorrect - directors have had that power since the first Federal agencies were created. And the directors answer to the Cabinet that answer to the President. That's the only real purpose of the directors. Period.
i'm not reading this, what's the passage in the US code that says that they can selectively enforce laws.

42 U.S. Code § 5055 - Application of Federal law | LII / Legal Information Institute

you cite past precedent as evidence, but that's not proof. all i'm saying is it's not written that it's legal and it contradicts things like the presidents oath to uphold all the laws.
 

Vaclav

Bronze Baronet of the Realm
12,650
877
Section (b) of the top of what you're fucking quoting covers it you illiterate neanderthal and it's repeated in a bunch of other sections as well all over the place
(b) Specific Federal legislation
Individuals enrolled as volunteers for periods of full-time service, or,as the Director deems appropriate in accordance with regulations, for periods of part-time service of not less than 20 hours per week for not less than 26 consecutive weeks, under subchapter I of this chapter shall, with respect to such service or training
Every single place the Directors are mentioned in any law is written similarly - every single one - their entire job description is to determine how things actually go into place and adjust them on the fly to make sure they work efficiently.

So essentially the director of the CIA determines
A What groups and regions pose the greatest threat to America.
B Allocates intelligence assets to gather information about them.
C Reports the status of those threats, once intelligence has been gathered, to the President of the US so that the President can make the appropriate decisions to mitigate the risk to the American people.
All the other agencies have similar baliwicks for how their Director (or Commissioner in some cases) operates under - their job is to make small tweaks (i.e. timetables, minor funding adjustments) and make suggestions on big ones.

Note in bills this is why they'll almost always (and the Employer Mandate included) dated with a "SCHEDULED DATE" not an absolute date. They're scheduled because they're in pencil until the department finalizes them - nine times out of ten scheduled dates don't actually get met because of the logistics involved in getting something started. [Every piece of FDA legislation has run about 2-3 months behind theirs that I'm aware of]

The one department that frequently does meet it's scheduled dates though is the IRS, which this issue falls somewhat under - so it's unusual for this one to slide, they tend to not delay things - but it's a two department issue so it's possible they were good with it at IRS and got overridden by HHS.

PS - If you're going to attempt to dispute it further, please tell me what you think the Directors/Commisioners actually do. I bet what you think they do is for people below their paygrade. The Director and his personal staff are almost entirely divorced from direct operations stuff.
 

iannis

Musty Nester
31,351
17,656
There comes a point where it's just angst and manufactured outrage.

What the fuck do you think he's actually going to do without the discretion of Congress? I mean what the fuck do you ACTUALLY think he's going to do?

Quasi-legally spy on our allies? Congress already funds that. Quasi-legally spy on his citizenry? Congress already funds that. Start an unpopular and self destructive war? Congress already funds THAT, and would be happy to fund MORE (as long as the right people get their cut).

I mean what the fuck do you think he's actually going to be able to DO without Congressional involvement? Do you think he's going to proclaim guns are illegal? Do you think he's going to mandate queer marriage? Do you think anybody besides Obama's kids would pay any fucking attention if he did?

I mean what the fuck. Stop being angry just for the sake of being angry.
 

iannis

Musty Nester
31,351
17,656
There are better reasons to get rid of this guy than because he didn't happen to cross his T on form 24G,like the founders obviously intended.

But it's 2 more years, and that would take at least 1 of them, and even if you did... you think President Biden would do it any differently?

Whatever he can get away with -- that is his power. Same as fuckin anybody.
 

fanaskin

Well known agitator
<Silver Donator>
55,854
137,953
Section (b) of the top of what you're fucking quoting covers it you illiterate neanderthal and it's repeated in a bunch of other sections as well all over the place


Every single place the Directors are mentioned in any law is written similarly - every single one - their entire job description is to determine how things actually go into place and adjust them on the fly to make sure they work efficiently.


Note in bills this is why they'll almost always (and the Employer Mandate included) dated with a "SCHEDULED DATE" not an absolute date. They're scheduled because they're in pencil until the department finalizes them - nine times out of ten scheduled dates don't actually get met because of the logistics involved in getting something started. [Every piece of FDA legislation has run about 2-3 months behind theirs that I'm aware of]
Is it too much to ask for a little civility, jesus fuck. what you said is false, it doesn't say scheduled date, it has specific absolute dates listed all over the text of the bill I just double checked, also the word "scheduled" only appears twice in the whole bill btw and not for what you mentioned and "scheduled date" is in there 0 times.

Text of H.R. 3590 (111th): Patient Protection and Affordable Care Act (Passed Congress/Enrolled Bill version) - GovTrack.us

Authority for Mandate Delay Act (H.R. 2667; 113th Congress) - Wikipedia, the free encyclopedia

the section about the employer mandate has a specific effective date. There is a specific section granting the authority to waive certain requirements, but only under a set of exact conditions, only on a state level basis, and not beginning until 2017; this indicates that "Congress clearly did not want the administration to waive it unless certain specified conditions were met."
 

fanaskin

Well known agitator
<Silver Donator>
55,854
137,953
There comes a point where it's just angst and manufactured outrage.
I'm not mad, far from it, however other people sure as fuck do get mad when you point out it isn't really kosher. I might be troubled or it displeases me or whatever and I do get the rationale for it's existence, but it is what it is.

It is noteworthy if checks and balances between the offices change or in practice are changed. and a progressive erosion of such checks could play out badly in the future. You might trust the guy in office now, but in the future some real asshole could get elected and develop minor transgressions into major ones.

Shit a lot of the stuff lincoln or jefferson and others did was illegal, doesn't mean it was the worst thing that could have happened, but don't kid yourself either, the road to hell is paved with good intentions.

But it's 2 more years, and that would take at least 1 of them, and even if you did... you think President Biden would do it any differently?

Whatever he can get away with -- that is his power. Same as fuckin anybody.
Attachment 58368