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Re: Guido2 post# 750131

Sunday, 03/05/2023 10:08:34 AM

Sunday, March 05, 2023 10:08:34 AM

Post# of 792563
The Appointments Clause is just ONE way to challenge the government overreach here.

Some parallels can be drawn from the current administrations plan to utilize a federal agency (i.e., the Department of Education) to implement campaign promises that never would make it through Congress.

The NCLA is pointing out to the Department of Education through their comments to the proposed rule, that the Plan B of the student loan forgiveness drive by the Executive Branch may have yet more Constitutional Challenges:

NCLA Warns Dept. of Education that Proposed Student-Loan Plan Lacks Congressional Appropriation

Namely:

ANALYSIS

I. The Department Lacks Statutory Authority to Promulgate the Proposed Rule

II. The Department’s Interpretation of the 1993 HEA Amendments Would Violate the
Vesting Clause

III. The Proposed Rule Would Violate the Appropriations Clause

https://nclalegal.org/2023/02/ncla-warns-dept-of-education-that-proposed-student-loan-plan-lacks-congressional-appropriation/