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The History and Danger of Administrative Law [Imprimis]
Imprimis Hillsdale College ^ | September 2014 | Philip Hamburger

Posted on 09/30/2014 12:49:29 PM PDT by RicocheT

There are many complaints about administrative law—including that it is arbitrary, that it is a burden on the economy, and that it is an intrusion on freedom. The question I will address here is whether administrative law is unlawful, and I will focus on constitutional history. Those who forget history, it is often said, are doomed to repeat it. And this is what has happened in the United States with the rise of administrative law—or, more accurately, administrative power.

(Excerpt) Read more at imprimis.hillsdale.edu ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: administrativelaw; constitution; imprimis
Why EPA, OSHA and other federal & state agency rulings, directives and fines should be found to be unconstitutional. To role back administrative agencies and their abuses, we need to elect conservatives as President, Senators & Congressmen as only then will we get a US Supreme Court to recognize America took a wrong turn when adopting administrative agencies as a false king over us.
1 posted on 09/30/2014 12:49:29 PM PDT by RicocheT
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To: RicocheT

“At its most advanced stage, domination functions as administration… This is the pure form of domination.”

Herbert Marcuse


2 posted on 09/30/2014 12:52:14 PM PDT by SMARTY ("When you blame others, you give up your power to change." Robert Anthony)
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To: RicocheT
Seems to be in line with the subject.

Michigan Supreme Court Justice Suggests Legislature Clarify Criminal Intent Statutes
3 posted on 09/30/2014 1:00:10 PM PDT by cripplecreek ("Moderates" are lying manipulative bottom feeding scum.)
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To: RicocheT

It’s the central issue.

There is no power in the Constitution that allows the Congress to hand over the Legislative power to Executive branch agencies.

That takes away the ability of the People to respond to laws they do not agree with.

The retort from the government people is that it’s a “civil punishment” and not criminal if you break one of these laws: but that’s a ruse. It’s also a crime to intentionally violate a Regulation, and proving Mens Rea in civil cases is almost impossible.

So catenate the two things and you have a “law” made by an agency that has the weight of any Public Law passed by the Congress.

Except that no Congressman voted for it. The agency just published it.

Where in the Constitution is that found?

It’s called “Delegation” and it has no place in the United States, and only came into being during the “Emergency” of the Depression, as part of the New Deal.

Another atrocity perpetrated on the American populace by the Communist Thug FDR.


4 posted on 09/30/2014 1:09:05 PM PDT by Regulator
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To: RicocheT
<>To role back administrative agencies and their abuses, we need to elect conservatives . . .

That is a false, impossible hope, for it is the structure of our government, not the people we send, that is the first source of our woes.

Why the Framers Relied on Constitutional Structure

5 posted on 09/30/2014 2:30:12 PM PDT by Jacquerie (Article V. If not now, when?)
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To: RicocheT
I argue that the rise of administrative law is essentially a reemergence of the absolute power practiced by premodern kings.

Indeed.

Not Progressive, But Rather Retrograde Government

6 posted on 09/30/2014 2:36:07 PM PDT by Jacquerie (Article V. If not now, when?)
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