Skip to comments.The Administrative State's Threat to the American Constitution
Posted on 05/05/2019 5:40:35 AM PDT by Kaslin
We should be appalled of the inroads that the Administrative State has made into American governance and the peril the Administrative State poses to our Constitution. Our founding fathers were dedicated to an avowal of government based on fundamental principles; popular sovereignty, limited government, checks and balances, separation of powers, judicial review, and federalism.
The just powers of the government were to be derived from the consent of the governed. This affirmation of popular sovereignty and limited government can be examined quite simply. Should the people control government, or should government control the people? The founders opted for government of the people.
A major concern of the drafters of the new Constitution was the danger of tyranny and the avoidance of paths to inadvertently slide into tyranny. They feared tyrants such as King George III, but also worried about the “tyranny of the majority,” the downfall of democratic initiatives over the ages.
In Federalist #47, James Madison wrote:
The accumulation of all powers, legislative, executive, and judiciary, in the same hands … may justly be pronounced the very definition of tyranny.
The founders thus strived to separate the three functions of government, legislative, executive, and judicial, one from another; the principle of the separation of powers and the principle of checks and balances so intricately woven into the finished document. They recognized the frailties of human nature and used checks and balances, often setting ambition against ambition, as forces to constrain self-interest and restrain tyranny.
(Excerpt) Read more at americanthinker.com ...
Something tells me this was all decided during the War Between the States
The really big things that effect citizens in profound ways like trade, tariffs, immigration for example, are on bureaucratic "autopilot" and I mean that in a bad way.
The administrative state is not a new monster- in fact, it became what is around the FDR timeframe, and evolved into the APA (https://en.wikipedia.org/wiki/Administrative_Procedure_Act_%28United_States%29)
Basically, congress abdicated its responsibilities to legislate and oversee to agencies which became experts and congress assumed and accepted whatever those agencies say as valid. Agencies are partisan entities as we have seen. Congress is duped by almost all agencies as they trundle along advocating for their pet hegemonies and philosophies ( humanist in most cases).
It is the feeling of many political scientists that the majority of federal regulations ought to be the purview of the states, not the fedgov.
The US Constitution is flawed in many ways and needs to be updated. For example our founding fathers (Madison) never envisioned a run away federal judicatory legislating from the bench. This needs to be corrected in the Constitution thru amendment.
Regulations are a form of law making without voting.
We have over 500 kings and queens in the house and senate.
It wasn’t suppose to be that way.
That line from “Casino” is right.
“They won their comp life when they got elected...”
Those White Boyz were geniuses.
Indeed. Regulations are the details of applying the law- IOW, the law is too vague or wide or covers too big an issue, hence, an agency must write regulations and then enforce them, so a violation of regulation becomes a violation of the statue that authorizes the agency to regulate.
A recent example- Bumpfire stocks- AFT ruled numerous times that they were accessories and were not making a semi auto rifle a machine gun, so they were made and sold for about 10 years Now, AATF has ruled at the behest of the Executive, that they are indeed a machine gun.... While the law still states that a MG is a weapon that fires more than one round at a single pull of a triggers.... This one may go the ropes as it works its way to the USSC... Bait and switch is not a lawful process.
If the Obama plot to subvert the candidacy of Trump, rig a Presidential election and prevent a duly elected man from taking office goes unpunished, people will lose faith in their country. With that loss of faith, they will be susceptible to all sorts of tyranny. Lynch, Comey, Brennan, and Clapper not only executed the plot, but they corrupted the organizations and the law they swore to uphold. They must be punished severely.
Obviously not, according to some in here.
No. Different issues; taxation and chattel slavery are not at issue.
This is about moving the country into a total socialist regime in which, under the one party system, both the deep state and Democrats would thrive ...
This is how Marxists and Communist work. They know they can not win by logic so they worm themselves into our institutions and undermine the country from within. Once in the system, you can’t rid of them. The same is true of today’s educational system.
That punishment would be viewed by the Progs as proof of a tyrannical government. We’re dealing with a very divided country.
Terminally divided. There is no going back to even a marginally, barely unified nation without a bloodletting of Biblical proportions. There is no up from here in America without walking through the valley of the shadow of death first.
Great article by Mike Johnson. Thanks for posting.
Well, Thomas Jefferson saw the danger. He opined that one of the greatest threats to our Constitutional Republic would be a tyranny of the judges. Beyond any reasonable doubt We have arrived at that time! I wish DJT would challenge it more than he does.
For one obscure fed judge to say that he is ruling for the whole nation is an outrage and extremely dangerous if not challenged in principle. It is beyond ridiculous for such a judge to tell POTUS he must allow millions of invaders to cross our borders virtually unchallenged. Our own history witnesses to that judge's corruption.
This slide in to corrupt legislating judges began with a Congress more interested in govt deals that feathers it's members' pockets than taking the responsibility to perform their Constitutional duties.
Be very, very careful there. Imagine the amendments too many people would love to make.
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