Talk of The Villages Florida - View Single Post - Nothing Illegal About It...And It Can't Hurt His Reputation
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Old 12-09-2008, 11:44 AM
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Let's be clear about the hierarchy of federal law before we condemn anyone:

1. The Constitution - It's the top banana. However, it begs a lot of clarity on specifics, which is the job of the Legislature to do via statutes.

2. Statutes, or U.S. Code (USC) - This is the next level down, or second-tier. Statues are the Legislature's orders to the rest of us, including the Executive Branch, on what is to be done, and how much in resources are to be allocated to it.

3. Regulations, or Code of Federal Regulations (CFR) - Regulations are the third-tier down. Regulations are written by Executive Branch agencies based on the orders (statutes) given to them, and provide specific instructions as to how the orders (statutes) are to be implemented, by whom and to what authority level, and contain guidance regarding as to how the implementation will take place. Regulations cannot exist without a governing statute above them. Public commentary periods often accompany the publication of the pending regulation in the Federal Register, but the regulation can be issued as an "interim rule" immediately.

So, the fact that "regulations" which have been in the pipeline for many months in some cases are now being cleared out is no big thing. The statutes have been there all along, and many groups are usually upset that it takes so long before the regulations actually are published.

If there is a problem with the regulation, look first at the statute that Congress passed and when it was passed and signed into law. It is the higher-tier document in this legal pyramid and the "daddy" in this legal family.