Laws For Ye, Not For Me!
Lawmakers just love to pass laws -- laws for other people. Yale law prof Steven L. Carter writes at Bloomberg:
The recent publicity surrounding the very old news that members of Congress aren't prohibited from trading stock using nonpublic information has the House and Senate running for cover. Hastily drafted bills are picking up co-sponsors on both sides of the aisle.Yet it is something of a wonder that there is so much public excitement at the discovery that regulations that apply to lots of other people turn out to be largely irrelevant to those who serve in Congress. This isn't an exception to congressional practice. It is, far too often, business as usual.
...Critics have lamented that no equivalent of the Sarbanes-Oxley Act applies to Congress. The chief executives of public companies must certify their accounts, and face fines of up to $5 million and as many as 20 years in prison if they do so falsely. Members of Congress (like all federal officials) can make up numbers out of whole cloth without any sanction at all. Incorrect corporate numbers can mislead markets. Incorrect federal budget numbers can mislead the nation. (Perhaps the federal budget, like corporate balance sheets, should be vetted by independent third-party auditors.)
Examples abound. Federal minimum-wage laws apply to private employers and federal agencies; but, once again, Congress isn't an agency. For the same reason, the Freedom of Information Act doesn't apply. The National Labor Relations Act exempts the federal government generally, but there are special rules relating to collective bargaining and unfair labor practices of federal employees -- rules that don't, however, apply to Congress. The Merit System Protection statutes shield personnel in executive agencies, and even in the Administrative Office of the United States Courts; not in Congress. And so on.
Even when Congress does decide to apply statutes to itself, members have trouble resisting the temptation to treat themselves differently. So, for example, Title III of the Civil Rights Act of 1991 extended the reach of several (not all) antidiscrimination statutes to cover congressional employees, but with provisos stripping the protections of much of their force.







Unfortunately the government is so far away from the Constitution and the limited, small government the Founding Fathers envisioned its ridiculous.
Another one he missed is the ability to bypass the Totally Stupid Agency (TSA).
It is a matter of Citizen, Obey Your Federal Overlords.
Jim P. at December 11, 2011 4:40 AM
In order for an organization's books to be audited, that organization must first have books. Federal agencies keep detailed accounting; you can argue about the accuracy of said accounting, but it's there. But at the top level, Congress has not enacted a budget for the past three fiscal years. There's only a mishmash of continuing resolutions, with no accounting of revenues and debt vs. expenditures.
Cousin Dave at December 11, 2011 8:17 AM
Congress needs to be immediately disbanded by emergency decree, but it won't happen thanks to idiots like Chang
ronc at December 11, 2011 1:59 PM
One of the best things the Newt House did in 1995 was to apply OSHA regs. to the House, to give them a taste of the real world.
IIRC, the place was in an uproar for weeks while staff studied the regs., step ladders had to be certified, hardhats were passed out, and safety glasses were suggested for running the shredder and replacing light bulbs.
Of course it all quickly faded away...
Harry Bergeron at December 11, 2011 3:11 PM
Our Founding Fathers envisioned a republic free from suffering the whims of a monarch or the oppression of a caste system.
All men are created equal...
We now have the ruling class we were warned of. Apparently, some are "more equal" than others.
Savant-Idiot at December 11, 2011 5:43 PM
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