Government regulation

“ All we mean to say on this point is, that, as there is no express regulation in the Constitution defining the power which the General Government may exercise over the person or property of a citizen in a Territory thus acquired, the court must necessarily look to the provisions and principles of the Constitution, and its distribution of powers, for the rules and principles by which its decision must be governed. ”

“ The fundamental principle of American constitutions, it seems to me, is, that to the people of the several States belongs the resolution of all questions, whether of regulation, compact, or punitive justice, arising out of the action of their municipal government upon their citizens, or depending upon their constitutions and laws, and are judges of the validity of all acts done by their municipal authorities in the exercise of their sovereign rights, in either case without responsibility or control from any department of the federal government. ”

“ The millions of laws which exist for the regulation of humanity, appear upon investigation to be divided into three principal categories—protection of property, protection of persons, protection of government. And by analysing each of these three categories, we arrive at the same logical and necessary conclusion: the uselessness and hurtfulness of law. ”

“ Section 6 shall be rescinded in its entirety and replaced with the following:
“The Federal Government alone has the authority to carry out the functions
and responsibilities set forth in this Regulation.” ”

“ The mechanism of referring to state law is simply one designed to implement that congressional intent and build into the federal statute a self-executing provision to accommodate to changes in state regulation. ”

“ The State may prescribe such regulations for every pursuit and calling of life as will promote the public health, secure the good order and advance the general prosperity of society, but when once prescribed, the pursuit or calling must be free to be followed by every citizen who is within the conditions designated, and will conform to the regulations. This is the fundamental idea upon which our institutions rest, and unless adhered to in the legislation of the country our government will be a republic only in name. ”

“ It dispenses with the sound and careful principles of past decisions in this realm. And it carries the seeds of transferring to federal authority vast areas of concern whose regulation has wisely been left by the Constitution to the States. ”

“ The general object of legislation is to determine all that concerns the actions of the citizen and their necessary consequences. The first point of view, therefore, arises from the nature of those actions themselves, and of such of their consequences as flow solely from the principles of right. The second point of view is the special end of the State, the limits to which it designs to restrict, or the circuit to which it would extend, its agency. ”

“ That within the provisions prescribed by the Constitution, and by the laws enacted in accordance with the Constitution, the acts and powers of the Government are to be interpreted and applied so as to create and maintain a system, general, equal, and beneficial as a whole. ”

“ The Administrator may by rule prescribe that any document which is to be filed under this chapter in the Office of the Administrator and which is required by any law, rule, or other regulation to be under oath, may be subscribed to by a written declaration in such form as the Administrator may prescribe, and such declaration shall be in lieu of the oath otherwise required. ”

“ The right of a State to regulate, for example, a public utility may well include, so far as the due process test is concerned, power to impose all of the restrictions which a legislature may have a 'rational basis' for adopting. ”

“ There should be the power of determining the constitutionality of any act of a State legislature, and thus enforce upon State legislatures the restrictions laid upon them, such as, for example, the inability to lay impost duties, to pass laws violating the obligation of contracts, etc., or to regulate objects given exclusively to Congress. ”

“ Is it the creature of the state legislatures, or the creature of the people? If the government of the United States be the agent of the state governments, then they may control it, provided they can agree in the manner of controlling it; if it be the agent of the people, then the people alone can control it, restrain it, modify, or reform it. ”

“ In order to reduce the regulatory burden on the American people, their families, their communities, their State, local, and tribal governments, and their industries; to determine whether regulations promulgated by the executive branch of the Federal Government have become unjustified or unnecessary as a result of changed circumstances; to confirm that regulations are both compatible with each other and not duplicative or inappropriately burdensome in the aggregate ”

“ The term “deadline” means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation, or by or under any court order implementing any Federal statute or regulation. ”

“ The law of agency which a State chooses to follow functions, for the most part, free of constitutional restraint; in our federal system, each State may regulate the relations between principal, agent, and third parties according to its own standards of fairness and sound policy. ”

“ That it is the duty of the Federal government, in all its departments, to protect, when necessary, the rights of persons and property in the territories, and wherever else its constitutional authority extends. ”

“ By the same token, the fact that a given law or procedure is efficient, convenient, and useful in facilitating functions of government, standing alone, will not save it if it is contrary to the Constitution. ”

“ Laws for the whole state are made by the legislature; but certain regulations may be necessary for the people in some parts of the state which are not needed in others, and which the people of these places can better make for themselves. It is the business of the governor and his assistant executive state officers to execute or carry into effect the laws of the state ”

“ In that part of our policy called the state constitutions, principles, the reverse of these, prevail. Executive power is made dependent on legislative in some way, and vast care is taken to keep legislative and judicial power beyond the influence of executive. ”

“ To my mind the proper line of approach in determining whether to apply a state or a federal rule, whether 'substantive' or 'procedural,' is to stay close to basic principles by inquiring if the choice of rule would substantially affect those primary decisions respecting human conduct which our constitutional system leaves to state regulation. ”

“ Such rights and powers must exist under every form of society. Under our system, their existence and disposal are under the control of the legislative department of the government, and they cannot be assumed or exercised without legislative authority. ”

“ The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws, and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate. ”

“ The first species of capacity we assign to the people, operates between them and governments; the second, between governments and individuals, and between citizens. It is our policy to subject the whole field of this second capacity to legislation, and to exclude it from the whole field of the first. Law is allowed to regulate right and wrong in the latter cases, but not between the nation and its government. It cannot form a new government. ”

“ The legislative power being that, which is predominant in all governments, ought to be, above all, of this character; because there can be no security for the general government, or the state governments, without an adequate representation, and an adequate check of each in the functions of legislation. ”

“ In the course of enforcement of subsection (a) (4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a) (4) , the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding. ”

“ Administration has to do with the carrying of those laws into effect,-their practical application to current affairs by way of management and oversight, including investigation, regulation, and control, in accordance with, and in execution of, the principles prescribed by the lawmaker. ”

“ To all the common purposes of legislation, it is a great consolidation of government.
You are not to have the right to legislate in any but trivial cases; you are not to touch private contracts; you are not to have the right of having arms in your own defence; you cannot be trusted with dealing out justice between man and man. What shall the states have to do? ”

“ Power to make all needful rules and regulations respecting the public territory is vested in Congress, and in the frequent exercise of that power the usual form for an organic act in such a case has become a very complete and well digested preparatory system of government. ”

“ It is our duty to draw from nature, from reason, from examples, the best principles of policy, and to pursue and to apply them in the formation of our government. We should contemplate and compare the systems which, in this examination, come under our view; distinguish, with a careful eye, the defects and excellences of each, and, discarding the former, incorporate the latter, as far as circumstances will admit, into our Constitution. ”

“ First in importance, because of general application, stand the common laws of the country. Of these it is asserted, with the utmost directness and force, that when a general condition is to be provided for in the country, it should be the sphere of the government to make the same law applicable everywhere, so that the citizens of the United States shall, at all times and places within its limits, be subject to the same controlling and guiding rule. ”

“ In a government, where the liberties of the people are to be preserved, and the laws well administered, the executive, legislative and judicial, should ever be separate and distinct, and consist of parts, mutually forming a check upon each other. ”

“ The body of Congressional enactments regulating commerce reveals a process of legislation which is strikingly empiric. The degree of accommodation made by Congress from time to time in the relations between federal and state governments has varied with the subject matter of the legislation, the history behind the particular field of regulation, the specific terms in which the new regulatory legislation has been cast, and the procedures established for its administration. ”

“ Administration is more than a means of regulation; administration is regulation. We have been concerned with conflict in its broadest sense; conflict with a complex and interrelated federal scheme of law, remedy, and administration. Thus, judicial concern has necessarily focused on the nature of the activities which the States have sought to regulate, rather than on the method of regulation adopted. ”

“ Thus, at length, was realized the sublime conception of a nation in which every citizen lives under two complete and well-rounded systems of laws,—the state law and the federal law,—each with its legislature, its executive, and its judiciary moving one within the other, noiselessly and without friction. ”

“ Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority. The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rule-making power. ”

“ They all exercise it from necessity, and as a consequence of the exercise of other powers. The State governments themselves possess it, except in that class of questions which may arise between them and the general government, and in regard to which they have surrendered it, as well by the nature of the case as by clear constitutional provisions. In other and ordinary cases, whether a particular law be in conformity to the constitution of the State is a question which the State legislature or the State judiciary must determine. ”

“ Whether a given function should or should not be exercised by the central government in a Federal system is from the point of view of political logic a matter of expediency—with the burden of proof resting on those who propose to alter any existing Constitutional arrangement. ”

“ Administrative law-making for the machinery of government there must always be, but for the rest, if we rely on the common law and its natural development alone, our condition will be far less hopeless than most of us might imagine. Indeed, as we shall so often find, it is the very ease and frequency of legislation that has caused our courts and law-makers to forego the well-tried doctrines of the common law. ”

“ One of the reprobated powers is exercised by charters, and another is advocated by the doctrine, that government ought to patronise all metaphysical idols. But neither the perpetrated nor intended violation is chargeable to our constitutional policy; that labours to leave wealth to be distributed by industry, and salvation by God; and abstains throughout from the idea of a power in government to regulate either by law. ”