Emanuel McCray v. Department of Labor, Occupational Safety and Health Administration

What is the appropriate constitutional author­ ity embodied in Articles I and III and the Tenth and Thirteenth Amendments of the U.S. Constitution that permits the President and the administrative agencies of the United States, under Article II of the U.S. Con­ stitution, to exercise or extinguish power under the guise of legislative authority contained in the Public Health Service Act of 1944 (“PHSA”), Pub. L. 78-410, 58 Stat. 682, Chapter 373 (42 U.S.C. ch. 6A § 201 et seq.) and the Occupational Safety and Health Act of 1970 (“OSH Act”), Pub. L. 91-596, §6, Dec. 29,1970, 84 Stat. 1593 [29 U.S.C. §655(c)]?

What is the proper remedy and redress when an administrative agency exercises power contrary to the Federal Constitution’s separation of powers?

What is the appropriate constitutional, con­ gressional, statutory and or judicial authority govern­ ing the issues of “timeliness”, “mootness” and the terms “sua sponte” and “nostra sponte” given Respond­ ent’s exercise of power contrary to the Federal Consti­ tution?