Comments by "josh fritz" (@joshfritz5345) on "LegalEagle"
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I'm really not a fan of Legal Eagle lately, he's gotten very political in the past few years, and frankly a lot of his opinions are just that, opinions, with no bearing on actual law. It's pretty clear that he is a supporter of big government, and he would support almost any law that gives more power to the government, or at least to his favored political party.
Cheveron Deference prescedance led to a lot of abuse of regular law abiding citizens by federal agencies. As a German, I'm sure you don't care for guns, but a lot of Americans care about being able to defend themselves just as much as they care about free speech. Federal agencies like the ATF and FBI have been going wild with the massive authority granted to them by cheveron deference to screw over gun owners by suddenly declaring their legally acquired property as being criminal and forcing them to either destroy their firearms without compensation or else face severe criminal penalties worse than many violent criminals face. The people running these agencies are either extremely ignorant of the subject matter and the implications of their rule changes, or are downright malicious with how they abuse their authority, and I suspect it is more of the latter. We are better off without Cheveron Deference, the authorities simply can't be trusted with that kind of power, least of all the unelected ones.
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He became really political a couple of years ago, his content has taken a nose dive. I've stopped watching him since that.
Half of the stuff he talks about isn't even legally sound, but rather is just a certain interpretation of the law which is politically convenient to some, but is by no means consensus.
Cheveron Deference for example was a terrible prescedant which put everyone in a legal limbo where legal conduct could suddenly be declared illegal by federal agencies changing their mind on how to interpret the law. It affected many people in many fields, but the part I'm most familiar with is the kind of hell it made life for gun owners. Basically, a gun I legally bought suddenly became a felony to own, at which point I am legally required to destroy the weapon or face prison time. Then a year later, it became legal again. This was all without any new laws being passed, it was all up to unelected burecrats changing their mind about what should be legal or illegal. For anyone who followed the law and destroyed their property worth hundreds or thousands of dollars, they were offered no form of compensation by the government, and they can't magically reform their destroyed firearm because the federal agency decided to undo a rule they made on a whim. Cheveron deference was terrible for anyone who doesn't have absolute faith in the government to always do the right thing.
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The issue here isn't that Cheveron was in the right or that the government was wrong. The issue is that Cheveron Deference set a prescedant which gives government burecrats in various agencies nearly unlimited power to interpret the law to the point where it was never clear what was legal or illegal. It would be like if a local police department got to set the speed limit on a stretch of road, and kept constantly changing it without even changing the road signs, and handing out tickets to drivers who followed the speed limit on the road signs.
I'm a gun owner, so I was very badly affected by this prescedant. I own what is called a "pistol brace". Basically, it's a crappy excuse for a stock that the government defined as being legal to have on certain types of firearms where a normal stock is illegal. I won't go into detail because gun laws are mind bendingly complicated, contradictory and nonsensical. The ATF, a bunch of burecrats with law enforcement power who I have no power to vote for or against, decided that this firearm I legally purchased is now a felony crime to possess one year after I bought it. I was then required by law to destroy this $1200 firearm or face a felony conviction. I was given no compensation for complying with the law and destroying my $1200 firearm.
No new law was passed during any of this, the ATF just decided, without any involvement from congress, that they wanted to treat my legal firearm as a different class of weapon which is illegal to possess. Millions of law abiding gun owners across the country were forced to either desteoy their property or face felony convictions without any form of compensation because some mindless drone in an overfunded federal agency decided that owning a piece of plastic and rubber should be worth a felony conviction. This is the kind of power given to federal agencies by Cheveron Defrence.
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@willjapheth23789 The presidential immunity case, as well as the recent case about distinguishing between a "bribe" and a "gratuity" are both very frequently misunderstood, and frequently lied about by the media. I assume they're trying to smear the supreme court because their party doesn't control it.
The presidential immunity case came to the conclusion that everyone would have agreed on in more sane times. The president has immunity to most crimes as long as he commits them in service of his official duty and isn't impeached. That means that if the president drone strikes a hospital full of sick children, you can't criminally charge him unless he's impeached first. If he shoots someone dead in the street, he doesn't have immunity because that was regular murder, not legally immune government murder. Murder is only okay when the government does it. That's how the law has always worked, and that's what the supreme court ruled. Without this immunity for official acts, every single president in my lifetime would be a war criminal several times over.
The reason I made that assumption is because most gun owners, or at least the politically aware ones, are aware of how aggressively federal agencies like the ATF have been abusing Chevron Deference to basically make up new laws as if they were the legislature. The court is supposed to interpret laws, that's it's purpose. The enforcement agencies are supposed to enforce the laws as they are interpreted, not decide to come up with a bone headed interpretation of it that turns entire industries on their head or turns millions of people into felons without due process.
Our system worked well once upon a time, but everything's been so heavily politicized that both sides see any agency that isn't owned by them as "rouge" and "dangerous". Everyone's in a mad grab for power, and it's not going to end well for the common citizen.
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