Filed under: Bureaucracy, Capitalism, Domestic Policy, Economics, Economy, Education, Energy, Immigration, Law, Media Bias, Politics, Progressives, Regulation, The United States, Unemployment | Tags: Human Nature, Progressives, The Administrative State
Every form or progressivism bases itself on the claim of a special, “scientific” knowledge of what is wrong with humanity and how to fix it. The formula is straightforward: the world is not as it should be because society’s basic “structural” feature is ordered badly.
In one version or another it always boils down to the fact that they don’t like human nature. (Why can’t they be more like — Us?) The quotation is from an essay in the current Claremont Review of Books by Angelo Codevilla. Progressives, Communists, Socialists, in all their forms find human nature deeply flawed, and believe that they can fix it. For our current crop, the avenue seems to be “diversity.”
When they have made everybody equal and all neighborhoods are diverse, and schools are diverse and everybody believes exactly the same diverse things, then there will be no more problems like wars, and high crime rates in the cities run by progressives. The administrative state will take care of keeping the diversity diverse.
Christiana Figureres, Secretary General of the U.N. Framework Convention on Climate Change, cheerfully admitted not long ago, that they weren’t really interested in saving the Earth from a climate disaster, but that it was their best chance of ridding the world of Capitalism.
Steven Hayward quoted a paragraph from Boston University law professor Gary Lawson, in a 1994 Harvard Law Review article “The Rise and Rise of the Administrative State.”
The [Federal Trade] Commission promulgates substantive rules of conduct. The Commission then considers whether to authorize investigations into whether the Commission’s rules have been violated. If the Commission authorizes an investigation, the investigation is conducted by the Commission, which reports its findings to the Commission. If the Commission thinks that the Commission’s findings warrant an enforcement action, the Commission issues a complaint. The Commission’s complaint that a Commission rule has been violated is then prosecuted by the Commission and adjudicated by the Commission. This Commission adjudication can either take place before the full Commission or before a semi-autonomous Commission administrative law judge. If the Commission chooses to adjudicate before an administrative law judge rather than before the Commission and the decision is adverse to the Commission, the Commission can appeal to the Commission. If the Commission ultimately finds a violation, then, and only then, the affected private party can appeal to an Article III court. But the agency decision, even before the bona fide Article III tribunal, possesses a very strong presumption of correctness on matters both of fact and of law.
Here’s Richard Epstein on “The Perils of Executive Power”
One of the most disturbing trends in the United States is the relentless concentration of power in the federal government. Ever since the New Deal, the classical liberal vision of limited government and strong property rights has taken a back seat to a progressive vision of a robust administrative state, dominated by supposed experts, whose powers are largely unimpeded by legal constraints. Wholly apart from Congress, the new administrative state has adopted and enforced its own laws and regulations, and is defined by unilateral actions by the President and other members of the executive branch, all of which threaten the system of checks and balances built into the original constitutional design.
Federal agencies are rushing out a final volley of executive actions in the last two months of Barack Obama’s presidency, despite warnings from Republicans in Congress and the reality that Donald Trump will have the power to erase much of their handiwork after Jan. 20.
Regulations on commodities speculation, air pollution from the oil industry, doctors’ Medicare drug payments and high-skilled immigrant workers are among the rules moving through the pipeline as Obama’s administration grasps at one last chance to cement his legacy. So are regulations tightening states’ oversight of online colleges and protecting funding for Planned Parenthood.
Donald Trump has promised to wipe out as much of Obama’s regulatory agenda as he can, saying he will cancel “all illegal and overreaching executive orders” and eliminate “every wasteful and unnecessary regulation which kills jobs.”
So, there you go.
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