Filed under: Bureaucracy, Capitalism, Domestic Policy, Economics, Economy, Freedom, History, Law, Media Bias, Politics, Regulation, The Constitution, The United States | Tags: A Grab For Power, Donald Trump, Philip Hamburger
Are you tired of the circus that the presidential campaign has become? The latest insult from Mr. Trump is food for a thousand articles about the polls and who is up and who is not. Mr. Trump is doing an amazing job of keeping the attention of the media on his every word. Comments on posts are partisan and angry, but the anger is remarkably unfocused. Everyone is furious with “the establishment” but no one seems to know just who “the establishment” is. Presumably it’s the people they elected last time around.
The “establishment” is apparently the people who know their way around Washington, and understand how it works. And they deserve your fury because? There has been a major shift over the past seven-and-a-half years as the two major parties jockey for power. President Obama had a Democrat Congress to work with, and was able to pass all sorts of noxious laws without a single Republican vote. Lots of promises, mostly hooey, and lots of regulations that Republicans would not have put into place. But Democrats were in charge. See the Constitution and the Bill of Rights in the sidebar.
The major change has been the arrogation of power to the executive branch. Lawmaking is the task of the Congress, but this president has claimed much of that power for himself, and distributed much administrative power to the various executive agencies. From the Coyote Blog, Mr Meyer said: “This is eye opening:“
In one recent year alone, Congress passed 138 laws—while federal agencies finalized 2,926 rules. Federal judges conduct about 95,000 trials a year, but federal agencies conduct nearly 1 million. Put all that together and you have a situation in which one branch of government, the executive, is arrogating to itself the powers of the other two.
he adds: This probably understates the case. Most of the laws were probably brief fixes or extensions or for national _____ day declarations. The administrative rules can be thousands of pages long and create nightmarish compliance issues. Already, most of our businesses compliance efforts (which seem to be rising exponentially in time and cost) are due to administrative rules changes rather than new laws per se.
This is called “Administrative Law. Suddenly, executive agencies are writing the regulations, administering them, enforcing them and conducting trials and issuing fines or penalties to those who do not go along cheerfully. Some agencies even have their own SWAT teams.
America has witnessed a massive shift in government authority, says George Washington University law professor Jonathan Turley—one that “has occurred without a national debate and certainly not a national vote.” That shift has led to the de facto creation of a “fourth branch of government containing legislative, executive and judicial components but relatively little direct public influence.”
Turley made those remarks in recent testimony before a House Judiciary subcommittee. His talk waded deeply into the weeds of legal history and precedent, but the upshot was this: By failing to rein in regulatory agencies when they overstep their bounds, the Supreme Court and Congress have allowed those agencies not merely to administer law, but to create it—and run roughshod over the public in the process. …
All of this has happened thanks largely to a 1984 Supreme Court case called Chevron. The Reagan administration chose to relax some air-quality regulations, and the Natural Resources Defense Council challenged the decision in court. The Supreme Court sided with the Environmental Protection Agency. It did so for commendable reasons: to avoid turning the courts themselves into policy-making bodies. Rather than decide whether the EPA was right or wrong, the high court deferred to the agency. This is judicial modesty.
Daniel Greenfield said “This is how we move toward a totalitarian state. Incrementally. Step by step. Regulation by regulation implemented by a collectivist bureaucracy for all the “right leftist reasons”. You can’t object. That would be bigoted. Or mean that you have “something to hide”.
That last link notes that the EEOC has released a proposed rule requiring employers to submit employee W-2 earnings and hours worked. All employers with at least 100 employees would be required to comply. The Office of Federal Contract Compliance Programs (OFCCP) would jointly have access to the pay data for enforcement purposes. Whoa!
The Republican House voted in February “on legislation to make it more difficult for banking regulators to demand that banks shut down certain business accounts.” The legislation is designed “to target the Obama administration’s ‘Operation Choke Point’ a Justice Department effort to require businesses to stop banks from working with certain businesses. These businesses include lawful firearms dealers, payday lenders, escort services and other companies.”…”While the Justice Department cut off financial services to certain industries, it encouraged banks to provide services to others like illegal marijuana sales.”
We are all too familiar with the overreach of the EPA under administrator Gina McCarthy the agency is embarked on a grab for power. Philip Hamburger had a new book “Is Administrative Law Unlawful?” in 2014. Powerline chatted with him about the book, which they said is the most important book they had read in a long time.
I think this is perhaps what people are getting at when they are so angry with “the establishment” — that undefined bunch of “insiders.”That’s where the anger should be directed. Administrative Law is unlawful, unconstitutional and illegitimate. This is the power once claimed by English kings, and exactly what our Constitution was carefully designed to prevent.
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