Our Duly Elected Congress is empowered to make the Laws of the Land.
One would think that a Congress that is paying any attention at all would
object when this law making power is usurped by another government entity which
is not empowered to make the Laws of the Land.
Fella Question of
the Day:
What took the Judicial System so long to rule that a government
entity which is not empowered to make the Laws of the Land has passed a Moratorium
of the Land which ended up being enforced from September, 2020 until (it will
expire) July 31, 2021 (Actually it was originally supposed to end December 31,
2020 but the agency that did not have authority to enact the Moratorium kept
extending the Moratorium they did not have the authority to create.)
************
July 23, 2021
Federal Court Rules CDC’s COVID-19 Eviction Moratorium Is Unlawful
A federal court on Friday ruled that the U.S. Centers for Disease Control and Prevention (CDC) overstepped its authority by halting evictions during the COVID-19 pandemic.
The Cincinnati-based U.S. Sixth Circuit Court of Appeals unanimously agreed with a lower court ruling that said the CDC engaged in federal overreach with the eviction moratorium, which the agency has consistently extended for months. Several weeks ago, the CDC announced it would allow the policy, which was passed into law by Congress, to expire at the end of July. (Fella did the underlining.)
Take note of the line above which states, "which was passed into law by Congress". This means to Fella that Congress passed its law after the CDC had already passed its “law”.
************
I actually know why it took the Judicial System so long to decide that the CDC did not have the authority to enact this Moratorium.
The Court got distracted and delayed because it tried to read the Moratorium. That is a Herculean Task. The Moratorium is long long long. It is complicated. It is confusing. (It is linked below.)
Please do not be tricked as the court was tricked and start trying to read it. If you do click on the link below, just look at it, skim it and say, “Aghhhh!” and go about your life. You have better things to do...
- The Moratorium is more than 7,000 words.
- It has an almost uncountable number of references to other confusing government dictates, moratoriums, laws, regulations, etc.
- I copied and pasted 1 Single Paragraph out of the Moratorium for you to read so you might understand just how confusing the full 7,000 Word+ dictate is.
- This is the first and last paragraph I looked at.
- Can you understand what this example paragraph is saying?
The Courts should have
said, “We are not going to read this
(same as Congress will not read it). It does not matter what the Moratorium
says because the CDC does not have authority to take such action. We are going to leave
now and join Congress at Happy Hour. Yes we know it is early for Happy Hour but
Congress knows that too and they have already been there for 20 minutes.”
Here is the link, as
promised...
CDC’s COVID-19
Eviction Moratorium
https://www.govinfo.gov/content/pkg/FR-2020-09-04/pdf/2020-19654.pdf
Would I kid u?
Smartfella
Fella Statement of Fact: All our laws are too long and too complicated to be understood by any of us. Shadow Bureaucrats write our laws and then the chaos begins as we salute and fall into line.
Here ends the first part of this Blog Posting which Fella wrote on July 27, 2021
************************
Fella pecked this
second part out on August 5, 2021...
As stated above all of the above was a completed Blog Posting which was finished on July 27, 2021. This was 4 days before the Moratorium was again due to expire again on July 31, 2021.
I decided not to publish it because I saw where Congress had stepped in (after the CDC had acted) and passed a law making the CDC’s Law Making Attempt actually a Law.
Don’t you agree this was handled very sloppily? Next time the CDC wants to make a law it ought to send a Tweet to Congress. In its Tweet the CDC can tell Congress what it wants done. Congress can then pretend that the law was its own “brilliant idea” and not a dictate to it from the CDC.
When the CDC acts first and Congress has to follow along to save face it is not really saving face it is just looking silly.
On August 3, 2021 the CDC extended the Expired Unconstitutional Moratorium which Congress had stepped in and formally made a Law of the Land because the CDC told Congress that it ought to make it a law but which Law the Judicial System has already ruled to be Unconstitutional.
Interesting Fella Tidbit: Even though Congress had taken “ownership” of the Moratorium it has been the CDC which has enacted the several extensions that have taken place since the first expiration date of December 31, 2020. Why was not Congress doing the extensions? It’s Congress’ Law is it not...Or is it not?
Do you see the silliness in all of this?...
Ø The CDC passes a law which they can’t pass because our Constitution says Congress makes law not the CDC.
Ø Congress steps in, after the fact, and makes the Moratorium a law.
Ø The Judicial System steps in and declares the Moratorium (no matter who passed it) Unconstitutional.
Ø Now they (whoever “they” are) decide to the reinstate the Expired Unconstitutional Moratorium.
Ø Congress steps in and extends the Expired Unconstitutional Moratorium because it is a Law of the Land that they passed.
No! That’s not what happened!
Ø What happened was the CDC steps in and extends the Expired Unconstitutional Moratorium which they had no power to pass in the first place.
Are you still asking why is the CDC doing the extending and not the Congress?
I
have the answer to your question...
Someone (whoever they are), knowing that the CDC cannot make Law has stepped in and determined that, while the CDC cannot make Law, the CDC does have the power to extend laws they did not make!
Do you now have a better understanding of all of the Foolishness? I’m glad I could help.
Would I kid u?
Smartfella
Lagniappe: I’m sorry this Blog Posting is so complicated and so confusing. Here’s a plan of action. Let’s keep electing our Representative and Senators. They are sure to get better at explaining things to us as they get more practiced at it. Or will they? An awful lot of awful can be hidden is a forest of Complicated Confusion. Besides, Football Season is about to start and we need not concern ourselves with any of all of this until next February.
Foot Note (Somehow different from a
Lagniappe...Or is it?):
- Moratorium was due to expire at the end of December ’20 but was extended.
- Moratorium was due to expire at the end of January ’21 but was extended.
- Moratorium was due to expire at the end of March ’21 but was extended.
- Moratorium was due to expire at the end of June ’21 but was extended. (The CDC said in a statement that this extension is intended to be the final extension of its eviction ban.)
- Moratorium was due to expire at the end of July ’21 AND IT WAS NOT EXTENDED!
- On August 3, 2021 (3 days after it expired) the Unconstitutional Moratorium (Just like Jesus) was resurrected and extended through October 3, 2021...
Fella Comment on the above Foot Note: Does “further extension, modification or recission based on public health circumstances” mean It Will Never End?
Just
When You Thought This Blog Posting Would Never End...This is the end: I’m sure
glad there is also a Moratorium on the ongoing expenses and taxes of the Landlords...Or
is there?
