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Monday, February 13, 2023 9:16:13 AM
I do not understand from where you are coming when you say Congress can not delegate its powers to a federal agency to decide major questions of Economic and ....
From the material you cite
The argument is not can Congress do that ----- it can (per the arguments)
The question is -- in a given agency and action situation - did congress so delegate in clear fashion
I get that from the below - copied directly
It is only to say that the agency
seeks to resolve for itself the sort of question normally re-
served for Congress. As a result, we look for clear evidence that the people’s representatives in Congress have actually
afforded the agency the power it claims."
Summary - they (courts) look in major cases to see if Congress did actually afford the agency the power it claims
Now - I think our attorneys argued - or maybe did not - "that the HARM to us and the total vulgarity of nationalizing without compensation" could not have so been delegated ---- I agree. But the court said the language is clear that Congress did so delegate as they created FHFA to be the people or whatever was the crazy ALITO language used to justify outrageous behavior (Alito language was crazy and he himself is borderline "lost" IMO)
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