I need to re-read my copy of the US Constitution. Because I could have sworn that the power to make law rested with the legislative branch. The judicial branch can not make law, it can only interpret laws as they apply to a given set of facts and also determine whether they conflict with other laws (most notably the US constitution as the supreme law of the land). The Executive branch, and its agencies, is empowered to execute and enforce the law. That necessarily requires them to apply judgment in determining how a law would apply to a particular set of circumstances - such as in the case of pistol braces. None of this changes the fact that the legislative is the only branch that can make law.der Teufel wrote: Sun Sep 11, 2022 11:39 amThere are three ways laws come into being. The categories are:carlson1 wrote: Fri Sep 09, 2022 5:21 am I am not for sure how the ATF came to just write a memo and it is law. What happened to the House, the Senate, and the Presidents signature?
1) Legislative Law - Enacted by congress
2) Executive Law - Executive Orders and rulings by executive branch departments (this is where the ATF comes in)
3) Judicial Law - Rulings handed down by the court system
All of these become law when they are executed. They are not just opinions. They are, of course, subject to review. The courts can nullify or modify legislative and executive rulings. The Legislature can enact laws that countermand executive or judicial findings.
I agree that the West Virginia v. EPA SCOTUS ruling is likely to rein in some of the bureaucratic excesses that have occurred in the past, but we'll have to wait and see to learn just what effect that will really have.
At least this is my understanding. I am pretty busy at work today, but will take another look this weekend.