In Nevada, an expletive-ridden dirt bike police chase ended up demonstrating how too much power has been given to executive agencies. In this case, in 2021, a man named Gregory Pheasant was riding his dirt bike at Moon Rocks, a popular off-road vehicle spot on federal land in Nevada. Pheasant was riding his dirt bike without a tail light on. A Bureau of Land Management (“BLM”) officer tried to initiate a stop, and Pheasant drove away. Numerous f-word laced exchanges between Pheasant and the officer occurred before finally the officer stuck his baton in Pheasant’s spokes, disabling his dirt bike.
Not surprisingly, Pheasant was charged with resisting citation and failing to operate his dirt bike at night without a tail light. But these crimes were not codified by statute in either Nevada or by the federal government. No legislative body wrote or passed these laws. Rather, BLM itself both wrote the laws and enforced them.
Pheasant challenged these charges under a legal theory based in constitutional law called the nondelegation doctrine. More
We should end the concept of delegation except with clearly defined parameters. Otherwise we may as well get rid of Congress — which is what the Biden administration has tried to do (“I don’t know the answer to that,””I cannot comment because it is part of an ongoing investigation,”””I will look into it and get back to you when He’ll freezes over.”)
Here in the Soviet Commonwealth, the Registrar of Motor Vehicle makes such rules and regulations as are necessary; these are violations resulting in a monetary fine, and are non-arrestable. Towns and cities can do the same, with the exception that they are arrestable unless specified not. I reckon such is the case in your various and sundry states, commonwealths, and provinces. Pretty vanilla stuff.
My personal fave was 720 CMR 9.06, “Impeding the orderly flow of traffic.” The posted speed limit IS the minimum speed limit and you will not drive slower (except weather, traffic cond, highway cond, visibility etc). The Turnpike is governed by 730 CMR and is the only place with a minimum speed (-10 mph). But yeah, not regulations passed by the General Court, though there creation is authorized under the traffic laws.
Wife has a cousin who worked for U.S. Fish and Wildlife. End of his career was in South Florida. Never knew that they have refuges in the ocean. “More than 30% of our 542 National Wildlife Refuges are protecting our nation’s marine resources and habitats.”
Anyway, time to time DEA would call on him to aid in search and seizure at airports and other offshore. Where they couldn’t do things needing warrants and such. Fish and Wildlife was/is basically a law onto themselves with almost no limitations on what they were empowered to be able to do. Many stories…
Was happier when he was in charge of enforcement at Crab Orchard in Southern Illinois. Would get the call when the geese came in and always had the best info on where to hunt. Now the damn geese are everywhere with local birds never leaving to become resident year round in my backyard.
gubmint nwords think they are important
The pot calling the kettle black. The Courts are apparently protecting their self-appointed role as non-legislators legislating.
Now do the ATF.
^^or the EPA. Legislation through regulation.
Both BLM’s are terrorist organizations and should be dismantled.
Delegation is the heart and soul of “Our Democracy”, and the spine of the “International Rules-Based Order”. The western world turned kings into figureheads controlled by presidents and parliaments, then turned those into ceremonial offices controlled by the courts, and now that laws have been replaced by rules, the courts have been neutered by the agencies.
Erick Erickson, much as I detest him, may have been unintentionally right when he belittled the idea of the deep state as nothing more than “turf wars between bureaucracies”. That is true; the bureaucracies now have nobody to fight with for power except each other. The elected politicians and the appointed justices and diplomats are either their flunkies or impotent protestors.
To understand our current government, I might paraphrase Melvin Udall: I think of a representative republic, and I take away reason and accountability.
We have degraded from the rule of law into the law of rules, and there is no going back for a long, painful time.