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SAF brief on ATF's unfinished firearms rule making
Posted by David Hardy · 13 January 2023 10:08 AM
Online here. As a guy who did admin law for ten years, I like it! It raises a novel point. It argues that, in the rule making process, notice and comment and final rule, ATF should be required to consider the Bruen standards. In most rule makings, nobody worries about constitutionality, but rule makings about firearms are arguably different. I know that when, eons ago, my friends at Interior promulgated a rule about protests on the White House sidewalk, the entire rule making centered on the First Amendment.
Actually NO. Rule making MUST be returned to its only legitimate place, the Congress. Delegata potestas non potest delegari. The courts have fouled things up by allowing legislative acts to be performed by other than the legitimate, constitutional body, Congress.
Not a single word in the Constitution allows Congress to delegate one iota of its delegated powers elsewhere.
Who's to execute the laws of the Union? See Article 1 Section 8 Pp 15. Why? Because the Framers of the Constitution chose a body politic that was the People and would not enforce unjust or unconstitutional laws on each other.