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Friday, September 13, 2019 1:46:51 PM
Please note the opening paragraphs from the En Banc decision specifically focus on our Constitutional History, as he highlights the importance of an Independent Judiciary.
This paragraph is by design, and not for you and me to enjoy. He wrote it as a clarion call reminder to Federal Judges, whom, I assure you, each read most if not all read every En Banc Decision.
"" But this iron truth endures: Even the most well-intentioned bureaucrats, no less than presidents,
legislators, and judges, are bound by constitutional principles. An agency is restrained by the four
corners of its enabling statute, and "literally has no power to act...unless and until Congress confers
power upon it." And Congress, when creating agencies, is itself constrained--and at all times--by
separation of powers. "" [Citation omitted]
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