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The Environmental Protection Agency said on Thursday that it would overhaul enforcement of the Clean Water Act, as lawmakers sharply criticized the agency's decade-long lapses in punishing polluters.
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"Our position is that the Constitution sets up a structure whereby the concurrence of all three branches is normally needed in order to authorize a decisive departure from the legal status quo," the two professors write, adding: "Under the order, the executive branch acts as lawmaker, law-enforcer and judge".
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As the essence of the common law was immemorial custom, which transcended any single individual's beliefs or attitudes, the judge was not and could not act as a lawmaker when settling disputes between citizens.
The proceedings themselves moved at a typically sluggish pace, as lawmakers re-litigated the Affordable Care Act, traded barbs about the GOP bill, and squabbled about procedure.
While plenty of lawmakers in Washington act as advocates for particular industries, Mr. Thompson is in business with some of the same companies whose agendas he promotes.
According to an NPR and Center for Responsive Politics analysis, lobbyists arguing for or against the 21st Century Cures Act courted lawmakers to the tune of $192m this year, as nearly three lobbyists for every lawmaker poured into the capital.
It would require an act of Congress to retroactively pay both groups of workers once the government reopens, as lawmakers have typically done in the past.
The Patriot Act debate was hardly the sole partisan scuffle on a day when Congress remained in session even as lawmakers seemed desperate to adjourn for the year.
The report comes as lawmakers and federal agencies continue to write hundreds of rules stemming from the Dodd-Frank financial reform act passed in July 2010.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com