To Ernie, Powell & All --

     This is crucial: We reach the deadline at the end of the rope through our ignorance. It is an ugly sight. We hang dead with our tongue out just like this accompanying graphic.

      In a duel with the “matador” under the sun, the bull always ends up a dead meat because the muscled animal doesn’t use his brain muscle – assuming that it has any in the first place – it is just a very angry charging bull!

       This is what’s happening in the current debate, i.e. Audit The Fed "Dangerous"? [FP.com 08-25-2009] . Read also the bullish comments under it from brave bulls fuming mad.  

       For health reason, it is medically good for any individual to let out such anger from a heavy chest; however, it detours away from the issue raised in this public debate. The public is badly misled into a spin of hate based on allegations that are not true or when denied, have not been proven to be true, or at most, in one word, just “innuendoes” [listen carefully to the videotaped interview].
       In the debate, the issue raised is this and I quote from the above link Audit The Fed "Dangerous"?: “The US Constitution, Article I, Section 8: To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; End of discussion. That power rests in the United States Congress, NOT THE FEDERAL RESERVE OR TREASURY. Congress is free to delegate that power as it sees fit but you [Treasurer Timothy F. Geithner] are absolutely not empowered to interfere via bluster, threat or any other means Congressional Authority in this regard.”

       Lack of understanding what the congressional delegation of power means is clearly shown in this dispositive portion I just quoted … “That power [delegation of power] rests in the United States Congress, NOT THE FEDERAL RESERVE OR TREASURY.”

      The understanding of delegation of power is so distorted to escape public notice: Once the U.S. Congress delegates its power to an executive branch of government like the Federal Reserve or the Treasury, Congress exercises its power through the Federal Reserve or the Treasury.

      These two executive offices are Congress at work under the Doctrine of Delegation of Power.  The distortion is either ill-motivated or given the benefit of the doubt, just plain poor understanding of what delegation of power means.

      The other distortion or display of ignorance over what this Doctrine means is too embarrassing to catch the readers’ attention:  “Congress is free to delegate that power as it sees fit but you [Chairman of the Fed and the Treasury Secretary] are absolutely not empowered to interfere via bluster, threat or any other means Congressional Authority in this regard.”

        Exercising their delegated powers, the Fed or the Treasury acting through their respective heads, can do whatever Congress is empowered to do … it can even use the threat of “Congressional Authority” – whatever that means -- to gets its work done when they are obstructed by filibusters or kibitzers whose purpose of interference is to defeat the sublime purpose of what that delegation of power aims to accomplish.

      By the way, it is not me pontificating in this needed learning process, against the ignorant [whether innocent or not], but rather the U.S. Supreme Court educating the ignorant, innocent or not!

     As my account at freedomsphoenix.com indicates, over which the owner exercises authority to either delete or retain, my intervention is just a Straight Light for those in the dark … confronting those who lie to the detriment of the public good, believing that freedom – which this site stands for – pursued at the expense of truth is no freedom at all. 

      Not just a journalist of more than 45 years but as a lawyer myself of more than 41 years, I have a public responsibility to restate for the interest of the public what the U.S. S.CT had said way back in 1940 explaining why there is a need for delegating the power of Congress to other branches of government under the Separation of Powers. “[D]elegation by Congress has long been recognized as necessary in order that the exertion of legislative power does not become a futility …”

       Even farther back, prior invalidation of “delegations of power by Congress” has been recorded only in three cases: Panama Refining Company v. Ryan (1935), Schechter Poultry Company v. United States (1935), Carter v. Carter Coal Company (1936). The requirements of a valid delegation are wanting in those cases.

       These limitations are: “ [1] Congress must define the subject to be regulated and must provide some standard to guide its agent\'s actions, even if that standard is no more exact than "just and reasonable." [2] The delegation must be to public officials, not to private groups or individuals. [Requirements of delegation of power.]

       There are three kinds of delegations of power, namely:

       [1] Delegation of general policy to person or agency to “fill in” the details and execute implementation.  The Federal Reserve, Treasury and similar other offices under the Executive branch of government, are classified under this category.

       [2] Contingency delegation, i.e.,  President is delegated the power of Congress to change “duties” under tariff laws in a “trade war” with other countries.

       [3] In the conduct of foreign affairs where the President exercises a broader delegation of powers [this delegation of power and paragraph [2] are not our concern for the moment]. 

       Bolts of lightning and thunder in the air against the Fed and the Treasury disturb our peace, and the raining fire and brimstone that angry elements, whether motivated by good or bad intentions, dropped squarely on our face, sear our credulity, and those who no longer know what to believe become very angry as well to the point of bearing arms as a matter of extreme necessity.

      When a pandemic of hatred incited by those whose outrage is based on false premises saturate the land, there is no more need for further debate whether or not it is good for the country.  Civil unrest stirred by ignorance is worse than the Great American Civil war which was triggered by a just cause – a national debate whether or not this country should practice slavery. The rest is history.

      We are about at the end of the rope where we let our ignorance hang us all by the neck with our tongue out.  We need to get educated.  These are critical issues that affect not only my life but also yours.

     We need to know what Congress’s delegation of power means. This is fundamental to this kind of democracy we want to live as a way of life. We cannot be just charging bulls fuming mad and at the point of the sword, end up a dead meat. #

      Cheers!