Re: A simple paradox

Richard Macdonald wrote:

> "Dale Eastman" <[EMAIL PROTECTED]> wrote in message
> news:[EMAIL PROTECTED]
>
> > Richard A. Macdonald wrote:
> >
> >
> > > > I think we all agree that the Secretary shall prescribe all needful
>
> rules.
>
> > > > Sec. 7805. Rules and regulations
> > > >
> > > > -STATUTE-
> > > >    (a) Authorization
> > > >      Except where such authority is expressly given by this title to
> > > >    any person other than an officer or employee of the Treasury
> > > >    Department, the Secretary shall prescribe all needful rules and
> > > >    regulations for the enforcement of this title, including all rules
> > > >    and regulations as may be necessary by reason of any alteration of
> > > >    law in relation to internal revenue.
> > >
> > > Only to the extent that the Secretary is Directed by Congerss.
> >
> > Does that mean you A.) agree, or B.) disagree "the Secretary shall
> > prescribe all needful rules"?
>
>
> Yes, needful rules to enforce the Statutes as passed
> by Congress and signed into law and nothing more.
>
> The Secretary does not have the power to alter the
> laws passed by Congress.

"It is elementary law that every statute is to be read in the light of
the constitution. However broad and general its language, it cannot be
INTERPRETED as extending beyond those matters which it was within the
constitutional power of the legislature to reach" (McCullough v. Com. Of
Virginia, 172 U.S. 102 (1898)).