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Re: You're missing the point
Author: Mark
Date: 07-04-2013 - 14:03
OldPoleBurner Wrote:
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> Oh really? So why did your original post focus
> on that?
> But if you really want to understand what my
> rebuttal was about; you need only go back and
> re-read your own original post!
It's clear you still haven't read the court's decision.
Again, this doesn't have anything to do with performance metrics, it's about who has the power to regulate private entities. Amtrak is a private corporation by definition. Don't blame the appeals court for that, it was Congress who authored this many years ago.
This arrangement is like an apartment complex whose tenants [Amtrak] have a problem with the landlord [Class I railroads] so they get together with the government to unilaterally co-author the conditions by which the landlord will have to pay up.
That's what was happening here, Amtrak and the FRA were jointly authoring the performance metrics imposed on the Class I railroads. And as the appeals court pointed out, "Federal lawmakers cannot delegate regulatory authority to a private entity. To do so would be 'legislative delegation in its most obnoxious form.' Carter v. Carter Coal Co., 298 U.S. 238, 311 (1936)."
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> Oh really? So why did your original post focus
> on that?
> But if you really want to understand what my
> rebuttal was about; you need only go back and
> re-read your own original post!
It's clear you still haven't read the court's decision.
Again, this doesn't have anything to do with performance metrics, it's about who has the power to regulate private entities. Amtrak is a private corporation by definition. Don't blame the appeals court for that, it was Congress who authored this many years ago.
This arrangement is like an apartment complex whose tenants [Amtrak] have a problem with the landlord [Class I railroads] so they get together with the government to unilaterally co-author the conditions by which the landlord will have to pay up.
That's what was happening here, Amtrak and the FRA were jointly authoring the performance metrics imposed on the Class I railroads. And as the appeals court pointed out, "Federal lawmakers cannot delegate regulatory authority to a private entity. To do so would be 'legislative delegation in its most obnoxious form.' Carter v. Carter Coal Co., 298 U.S. 238, 311 (1936)."
