Regulation

“ Under the applicable precedents, therefore, if a regulation mandates particular conduct, and the employee obeys the direction, the Government will be protected because the action will be deemed in furtherance of the policies which led to the promulgation of the regulation. ”

“ Laws of regulation are not fundamental laws. The public exigencies are the masters of all such laws. They rule the laws, and are not to be ruled by them. They who exercise the legislative power at the time must judge. ”

“ 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. ”

“ Is it a regulation of commerce or mutual intercourse, which is proposed? Who does not see, that the agricultural, the manufacturing, and the navigating states, may have a real or supposed difference of interest in its adoption. If a system of regulations, on the other hand, is prepared by a general government, the inequalities of one part may, and ordinarily will, under the guidance of wise councils, correct and meliorate those of another. The necessity of a sacrifice of one for the benefit of all may not, and probably will not, be felt at the moment by the state called upon to make it. ”

“ The Aim of Regulation by the State.—An aim of a government, in all of its economic policy, is to insure the best use of the national resources, and this can often be done by keeping alive free competition. ”

“ The home, the school, the church, the club, business, profession, trade, and union, all insist on strict, correct conformity to standard; all demand authoritatively implicit obedience and submission to rule and regulation. ”

“ Therefore regulation is imperatively called for by the facts of "nature," and the regulation must come from intelligence and judgment. No determination of what the regulation should 347be has ever yet been found in law or ethics which does not bear harshly on great numbers, and in all stages of civilization numbers are found who violate the regulations and live outside of them. ”

“ 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. ”

“ In primitive society legislation as a source of law had little or no place, custom and usage supplying whatever rules were found to be necessary for the regulation of the common affairs of the community. ”

“ 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. ”

“ From the beginning of civilized societies, legislators and judges have acted on various unprovable assumptions. Such assumptions underlie much lawful state regulation of commercial and business affairs. ”

“ No' government can be maintained unless the manners be made consonant to it. Such a discretionary power may do good, and can do no harm. A proper regulation of excises and of trade, may do a great deal ”

“ The state produces as many laws as there are relationships between people, which must be determined. As the number of these relations are endless, legislation must operate incessantly. Laws, decrees, edicts, decrees, regulations must pour in hail upon the unfortunate people. ”

“ In legislating for a Government like ours, where many of our most valuable institutions are founded on experiment, the best informed minds could not, in the earlier progress of things, determine with reasonable certainty upon the regulations and rules of action best suited to the circumstances of society, and the permanent good of the country. Experience alone can develop the fitness of measures, and the salutary or pernicious influence of particular laws. ”

“ The existing body of rules and regulations have been formed with much care, and are the result of the long experience and vigilant attention of a body of persons intimately acquainted with the needs and exigencies of the community for whom they have legislated. Any attempt to reduce this rule to the limits of the ordinary laws of the land, or to abolish all checks and safeguards not to be found230 in that law, would, in our opinion, be detrimental to the honest and efficient control of business. ”

“ Regulations prescribed by the president and by the heads of departments, under authority granted by congress, may be regulations prescribed by law, so as lawfully to support acts done under them and in accordance with them, and may thus have, in a proper sense, the force of law ”

“ In performing the evaluation described in subsection (d) of this section, each Regulatory Reform Task Force shall seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations, including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations. ”

“ Regulations for these purposes may press with more or less weight upon one than upon another, but they are designed, not to impose unequal or unnecessary209 restrictions upon any one, but to promote, with as little individual inconvenience as possible, the general good. ”

“ The laws which appear as if they should be different for different countries, either pronounce on objects which should not be regulated by laws, like most commercial regulations, or are founded on prejudices and habits which should be uprooted ”

“ 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. ”

“ Their case is undoubtedly hard, but in political regulations, good cannot be complete, it can only be predominant. ”

“ "Legislation since this period has followed the course, I pointed out. Rapidly multiplying dictatorial measures have continually tended to restrict individual liberties, and this in two ways. Regulations have been established every year in greater number, imposing a constraint on the citizen in matters in which his acts were formerly completely free, and forcing him to accomplish acts which he was formerly at liberty to accomplish or not to accomplish at will. ”

“ And it may not invoke regulations as to use-whether they are ad hoc or general-as a pretext for pursuing those engaged in lawful, constitutionally protected exercise of their fundamental rights. Cf. Wright v. ”

“ Within its jurisdiction the State maintains order and law and in this way makes life worth living for its subjects. Order and law are the necessary conditions of men's normal activities, of their industry, of their ownership of whatever the State allows them to possess—for outside of the State there is no ownership—of their leisure and of their freedom to enjoy it. The State is even the basis of men's characters, for it sets up and establishes a minimum standard of conduct. ”

“ 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. ”

“ The agents of legal change, Fictions, Equity, and Legislation, are brought in turn to bear on the primeval institutions, and at every point of the progress, a greater number of personal rights and a larger amount of property are removed from the domestic forum to the cognizance of the public tribunals. ”

“ Legislation, the enactments of a legislature which, whether it take the form of an autocratic prince or of a parliamentary assembly, is the assumed organ of the entire society, is the last of the ameliorating instrumentalities. It differs from Legal Fictions just as Equity differs from them, and it is also distinguished from Equity, as deriving its authority from an external body or person. Its obligatory force is independent of its principles. ”

“ General laws are meant to regulate our conduct to each other, within certain rules; that the confidence necessary for the social union may be maintained. A principle laid down by the law, is promulgated as a general rule; and in the confidence that this rule will be respected by all; or that if violated, society will punish the violator, it is recognised as a general principle of action. ”

“ The [Pg 27] only true connections are those in which there is a legislative medium, whether a person, a body corporate or a state, whose legislative powers are limited, by agreement of the connected states, to the common purposes, and those in which there is a justiciary medium, whether a person, a body corporate, or a state, which recognizes its powers as limited to the common purposes by the law of nature and of nations, and which ascertains and applies this law, incidentally adjudicating, according to this law, the limits of its own jurisdiction. ”

“ 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. ”

“ It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution. ”

“ Rules, that is, definite, detailed provisions for definite, detailed states of fact, are the main reliance of the beginnings of law. In the maturity of law they are employed chiefly in situations where there is exceptional need of certainty in order to uphold the economic order. With the advent of legal writing and juristic theory in the transition from the strict law to equity and natural law, a second [Pg 116] element develops and becomes a controlling factor in the administration of justice. ”

“ We can see the policeman on his beat, or the judge in court, or the members of the legislature—the men who, respectively, maintain, administer, and make the laws; and we can see the record of the laws in books. But the idea or principle of Law which has caused men to construct all this machinery for the making and enforcing of the laws, exists only in the mind. ”

“ That if the legislative power or some other proper authority but decree that certain things be called public utilities, thereby it changes the whole natural law, and that anything can be regulated in the same way. ”

“ 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. ”

“ Broadly speaking, there are in every community two authorities which can make law: the State, i.e., the ruling and directing power, whatever it may be, in which the government of the community resides, and the People, that is, the whole body of the community, regarded not as incorporated in the state, but as being merely so many persons who have commercial and social relations with one another.... ”

“ I mean to inquire if, in the civil order, there can be any sure and legitimate rule of administration, men being taken as they are and laws as they might be. In this inquiry I shall endeavour always to unite what right sanctions with what is prescribed by interest, in order that justice and utility may in no case be divided. ”

“ Inasmuch as the primary object of a government, beyond the mere repression of physical violence, is the making of the rules which determine the property relations of members of society, the dominant classes whose rights are thus to be determined must perforce obtain from the government such rules as are consonant with the larger interests necessary to the continuance of their economic processes, or they must themselves control the organs of government. ”

“ Independently of the legislative measures, which internal circumstances require, you will deem it useful perhaps, to occupy yourselves on regulating laws, calculated to render the constitution active. ”

“ The agencies by which early societies modified their law and which discharged imperfectly, indeed, yet almost exclusively, the functions afterward discharged by equitable construction and still later by legislation, have been fitly grouped together under the common name of legal fictions. ”

“ 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. ”

“ In sum: [public order (ordre public) ] may be understood as a basis for restricting some specified rights and freedoms in the interest of the adequate functioning of the public institutions necessary to the collectivity when other conditions, discussed below, are met. Examples of what a society may deem appropriate for the ordre public have been indicated: prescription for peace and good order; safety; public health; esthetic and moral considerations; and economic order (consumer protection, etc) . ”