Does the seperation of powers doctrine as basic constitutional law and theory no longer apply here? Is there any independent reveiw. Why is the Amtrak vs CSX Gulf case not in Federal Court and before the STB?
The various independent regulatory bodies and their enforcement procedures are created by statute. Decisions made by these bodies are not judicial decisions.
roundstick3@gmail.comDoes the seperation of powers doctrine as basic constitutional law and theory no longer apply here? Is there any independent reveiw. Why is the Amtrak vs CSX Gulf case not in Federal Court and before the STB?
Reasearch the enabling legislation for each of those bodies.
Never too old to have a happy childhood!
roundstick3@gmail.com Does the seperation of powers doctrine as basic constitutional law and theory no longer apply here? Is there any independent reveiw. Why is the Amtrak vs CSX Gulf case not in Federal Court and before the STB?
Once again, I refer you to the commerce clause in Article one of our Constitution. It is the basis for regulations of businesses, including railroads, engaged in interstate commerce.
Definately from Cleveland.
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Agencies like the STB practice administrative law. They are not a court. Their decisions are still subject to judicial review, although because of seperation of powers, the courts do not like to second guess the other branches.
MM: Somebody needs to understand the Administrative Law Judge's independent nature. Courts frequently defer to STB or PUC/RR Commissioners when cases are initiated. The field is supposed to be level and the ALJ's are expected to be on their own side, independent of either side of a complaint. (look up ombudsman while you're at it.)
Where things get questionable are instances where overnment agencies get merged in the name of downsizing for budgetary reasons and streamlining government. With road crossing issues, I'm not too enthused with what was a railroad PUC commission now being under the auspices of that state's Department of Transportation (rubber-tired bubbas)...Mississippi for instance, is downright scary.
My experience with Administrative Law Judges is with state oil & gas administrative hearings, where the ALJ runs the hearing, but decisions are usually signed by the agency head. Of course that may be different at the Federal level. I don't find an ALJ under STB's Offices (do they borrow them from DOT?) but I did find on the STB site under their Office of General Council: "When STB decisions are challenged – typically in a United States court of appeals – the STB has independent litigating authority. "
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