Replies to post #743041 on Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

The problem is (and it's a big problem), our elected representatives in the US Congress pass laws like HERA that create federal agencies that have broad authority over certain sectors of the economy or social programs (e.g., EEOC).

The US Congress, instead of making tough and often times unpopular decisions about taxes, regulations, and the law, give these federal agencies broad sweeping authority to act.

For instance, in HERA, whenever FHFA acts during the never ending CONservatorships, it can do "WHATEVER IS IN ITS BEST INTERESTS OR THAT OF THE PUBLIC"

The US Supreme Court in the 1984 Chevron decision decided to give federal agencies great deference in determining what obscure phrases like "in the best interests of the public" means, and since these federal agencies are ACCOUNTABLE TO NO ONE, not everyone is happy with the sometimes bizarre actions taken by these agencies.

Like the NWS for instance.

It's a fundamental problem when our elected representatives delegate their law making functions to federal agencies whom are accountable to NO ONE.

It simply results in rules and regulations and taxes being imposed on the 333 million Americans by these UNELECTED BURAUCRATS LIKE DEMARCO.

[clarencebeaks21]

“?
why is a law by congress ---- less an administrative state - in most cases ?

(yes a law can be written to NOT .... but when active or proactive or .... how is a law (that is then administered by executive as our government is designed) not administrative ? )”

Under the Administrative Procedures Act of 1946, an "agency" is any federal governmental authority other than Congress, the courts, and the military. The term "agency" is often used to refer to federal departments, sub-departments, and commissions.

Also under the same Act, all Agencies fall under the Executive branch, and all Agency actions are funneled into one of two types: adjudication or rule-making. There is no third action category. Adjudication (formal and informal) judges specific rights. Rulemaking is everything else.