By David S. D'Amato March 9, 2017
Every American learns in grade school of the three-part structure of the U.S. government: the legislative, executive, and judicial branches. In The Federalist Papers, No. 47, James Madison, called by many the “father of the Constitution,” remarked the accumulation of these powers in the hands of one party “may justly be pronounced the very definition of tyranny.” The Constitution -- at least, in theory -- forbids any one of the three branches from delegating its powers or duties to another branch.
But the Constitution has effectively been amended, albeit quite outside of the prescribed process. Today, a fourth branch of government, nowhere authorized in the Constitution, has, as legal scholar Philip Hamburger observes, “transformed American government and society” and “become the government’s primary mode of controlling Americans.” ..........The rule thus perverts the constitutional order by allowing the federal government to interpret the meaning of the law for itself, without any material check on its interpretations and, therefore, its power. Such total deference fundamentally undermines the vision of the federal government reflected in the Constitution..............
Left free to police itself, the federal bureaucracy has naturally arrogated to itself more power and discretion, its regulatory reach stretching into almost every area of life. It has acted in accordance with its nature. The administrative state is at base the embodiment of ruling-class condescension, contemptuous of its benighted wards and their efforts at self-organization.......an undemocratic, illiberal society, suffocated under the rules of faraway bureaucrats accountable to no one....... Read more
My Take - I keep hearing judges deferring to agencies with the excuse - judges aren't scientists. Well, if they feel unqualified to make the decision that needs to be made they should be deferring these cases to the Congress, and let them hassle it out. But that's not what judges do. It's what they're supposed to do but they've now become too self absorbed, too arrogant, foolishly believing their views should be law, not the views of the Congress or the President of the United States, even when the law specifically gives them that authority. The courts need purged, and these agencies need to be eliminated....now!
Every American learns in grade school of the three-part structure of the U.S. government: the legislative, executive, and judicial branches. In The Federalist Papers, No. 47, James Madison, called by many the “father of the Constitution,” remarked the accumulation of these powers in the hands of one party “may justly be pronounced the very definition of tyranny.” The Constitution -- at least, in theory -- forbids any one of the three branches from delegating its powers or duties to another branch.
But the Constitution has effectively been amended, albeit quite outside of the prescribed process. Today, a fourth branch of government, nowhere authorized in the Constitution, has, as legal scholar Philip Hamburger observes, “transformed American government and society” and “become the government’s primary mode of controlling Americans.” ..........The rule thus perverts the constitutional order by allowing the federal government to interpret the meaning of the law for itself, without any material check on its interpretations and, therefore, its power. Such total deference fundamentally undermines the vision of the federal government reflected in the Constitution..............
Left free to police itself, the federal bureaucracy has naturally arrogated to itself more power and discretion, its regulatory reach stretching into almost every area of life. It has acted in accordance with its nature. The administrative state is at base the embodiment of ruling-class condescension, contemptuous of its benighted wards and their efforts at self-organization.......an undemocratic, illiberal society, suffocated under the rules of faraway bureaucrats accountable to no one....... Read more
My Take - I keep hearing judges deferring to agencies with the excuse - judges aren't scientists. Well, if they feel unqualified to make the decision that needs to be made they should be deferring these cases to the Congress, and let them hassle it out. But that's not what judges do. It's what they're supposed to do but they've now become too self absorbed, too arrogant, foolishly believing their views should be law, not the views of the Congress or the President of the United States, even when the law specifically gives them that authority. The courts need purged, and these agencies need to be eliminated....now!
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