[I hope I am wrong, but I believe that 10 years from now, we will look back with regret and even shame on this
misuse of federal power.
GRID: • The Illinois attorney general joins others in calling FirstEnergy Solutions» request for relief for its coal and nuclear plants a «grave abuse
of the federal power act» that would set a «dangerous precedent.»
The majority concluded that the notice of reserve «seriously and significantly impaired the
core of the federal power over radiocommunication and that this notice served on Rogers was therefore inapplicable by reason of the doctrine of interjurisdictional immunity.»
This is a breathtaking
expansion of federal power into one of the most sensitive aspects of American schooling, and substitutes the judgment of federal bureaucrats for local educators and officials.
Obama recommended a minuscule reduction in testing, Arne Duncan soon will be spending «more time with his family,» and part of the abusive use
of federal power in education will be dumped into the laps of the states.
Parents Across America is especially concerned about the
use of federal power in the nationwide push to expand standardized testing.
Trump called the monuments» designation an example of «egregious
abuse of federal power,» which he would correct by putting control of the land back in the hands of the state, which is interested in the natural resources on the land.
The fellow writing for the «right» (Petrilli) argues for state involvement, while the fellow representing the «left» (Sizer) objects to a strong
exercise of federal power.
One of the things I teach in my class on education politics is that there are few principled federalists — that is, people whose views on the appropriate
scope of federal power remain the same regardless of who's in charge in Washington.
Republicans, though, have long seen the president's environmental policies as an
overreach of federal power and a danger to the economy.
Last week, the House Committee on Energy and Commerce began a long - term, bipartisan
examination of the Federal Power Act (FPA) with a hearing titled «Federal Power Act: Historical Perspectives.»
David Schwartz's article «High Federalism: Marijuana Legalization and the
Limits of Federal Power to Regulate States» has been accepted for publication for the upcoming fall edition of the Cardozo Law Review.
The Securities Act as presently drafted is not valid under the general
branch of the federal power to regulate trade and commerce under s. 91 (2) of the Constitution Act, 1867.
Thus, much as in Rogers Communications Inc v Châteauguay (City), 2016 SCC 23 (CanLII)(and for the ABlawg post comparing that telecoms example to pipelines see here), Burnaby's delay amounted to an
impairment of the federal power.
But are those arguments more or less effective than the argument that Obamacare was an unconstitutional
extension of federal power?
Not surprisingly various secessionist agitations have re-surfaced-the Avengers in the Niger - Delta have had particularly debilitating economic consequences, while the Independent People of Biafra (IPOB) and its imprisoned leader, Nnamdi Kanu have become notorious for their
defiance of federal power.
He will employ surrogates to characterize Teachout as a left - wing whack job, while she through surrogates will picture him as a right - wing nut, too «dangerous» near the
levers of federal power.
And it just occurred to me that this would be considered, today, by some, a
creep of Federal Power over States Rights.
And The Wall Street Journal, in a major victory for conservative proponents of the agreement, declared the bill the biggest
devolution of federal power in 25 years.
The Senate's vote moves the bill, which rolls back a significant
amount of federal power over K - 12 education, to the president's desk.
Instead of dictating terms to schools, the president and his administration received a historic
rebuke of federal power.
«The GOP is trying to develop a theme that Obama is overreaching in
terms of federal power,» said Jack Jennings, who heads the Center on Education Policy.
Using test scores for all teachers was poor policy and proved to be even worse politics for reformers — it exacerbated the anti-testing backlash and contributed to the
rollback of federal power in new education law.
Your thesis might be something like this: «The overriding cause of the American Civil War was the
issue of federal power vs. states» rights.»
Abraham Lincoln's dramatic speech opposed Stephen A. Douglas on the
question of federal power to regulate and limit the spread of slavery to the federal territories and new States.
«The Commission should then review RTO filings under Sections 205 and / or 206
[of the Federal Power Act] to ensure the adoption and implementation of any needed reforms to address the vulnerabilities identified by the [design basis threat] tool.»
The relevant
provision of the Federal Power Act «is for serious grid emergencies... and not designed to bail out power plants that are losing money,» said U.S. House Rep. Frank Pallone (D - N.J.) at a committee hearing on April 12.
The appeal argues Massachusetts regulators exceeded their wholesale rate - setting authority, a
violation of the Federal Power Act and the Supremacy Clause of the U.S. Constitution by usurping the authority of the Federal Energy Regulatory Commission.
It's a massive reach in the pure
sense of federal power, in areas never before contemplated and never legislated by the U.S. Congress.»
With respect to the last point, the Court readily dismissed the appellants» argument that the by - law banning unauthorized demands for fees or applications for development affected the «core of Indianness», a
sphere of federal power that has been construed narrowly.
By the lex Parliamentaria, as well as by the 41st, 91st, and 92nd sections of the British North America Act, this power is as complete as if it was specially and by name contained in the
enumeration of the federal powers of section 91, just as promissory notes, Insolvency, & c., are.
Indeed, Mills told parliament in June 1869 that if ever it was «a question whether Federal or Local Legislatures should be destroyed,» his view was that «the country would suffer far less by the
destruction of the Federal power.»
In summary, the wording of section 5 (1)(c) of CEAA 2012 directly puts into issue the
content of the Federal power over «Indians,» which has yet to be decided.
They concluded that the «basic, minimum and unassailable content»
of the Federal power relates to the «status and rights of Indians,» for which purpose, Indians are federal persons.
Today's decision is unfaithful to congressional intent, unnecessary, and, in light of the FAA's antecedents and the intervening
contraction of federal power, inexplicable.
Secondly, a change in the voting system that perpetually shuts one region (e.g., Western Canada)
out of federal power will most certainly engender a constitutional crisis, and the most serious dissolution threat to Canada to date.
The Interstate Power Compact would protect states» systems of electric generation from the unconstitutional
expansion of federal power.
They would wish a grand
abuse of federal power, with the same Police, DSS and Army, that aided the PDP Rivers impunity back then, at their own beck and call too — and certainly, they would be thrilled to see Wike shrill and complain as Amaechi did, under the ancien regime.
They presuppose that a broad construction of the Constitution had been general among the Federalists of 1788, that Madison's resistance to Hamilton's own conception of the
scope of federal powers must have meant a change of attitude about the document itself, and that the balance of authority between the central government and the states was unmistakably the most important issue of these years.
In this forum, Dan Losen of the Civil Rights Project at UCLA argues that the directive must remain in place in order to eliminate harm from unjustified discipline, and Michael Petrilli of the Thomas B. Fordham Institute makes the case that the directive is based on an inaccurate understanding of discipline data and amounts to an
overreach of federal power.