Supreme Court 9, Administrative State 0
On April 14, 2023, the Supreme Court struck a blow supporting our Constitution and individual liberties. Beginning in the late nineteenth century, citizens began losing many freedoms through administrative edicts. Appeals of these regulations had to be made to courts within an agency, which has already found the people guilty. Such power harks back to discretions of English kings unrestrained by Parliament found in such places as King’s Council and the Star Chamber.
The Supreme Court acted to reassert the jurisdiction of district and circuit courts and the legislature as established by the Constitution. All power was to reside there, so Americans could avoid the sad experience of English citizens. Justice Kagan delivered the unanimous opinion of the court saying, “One respondent attacks as well the combination of prosecutorial and adjudicatory functions in a single agency….They maintain in essence that the agencies as currently structured, are unconstitutional in much of their work”.
You and I could relate too many examples of people’s frustrating experiences facing government bureaucrats. Their sufferings cause me to reflect on a passage where Fredrick Douglass describes overseer duties. I only substituted for the words slave, overseer, and master.
“No matter how innocent a citizen might be it availed him nothing when accused by the bureaucrat of any violation of a regulation. To be accused was to be convicted and to be convicted was to be punished….To escape punishment was to escape accusation….few citizens had the fortune to do either under the overseership of the agency.”
Supreme Court 9, Administrative State 0
https://freerepublic.com/focus/f-news/4145682/posts
The History and Danger of Administrative Law
https://constitutionclub.wordpress.com/2014/10/01/the-history-and-danger-of-administrative-law/
Administrative law is commonly defended as a new sort of power, a product of the 19th and the 20th centuries that developed to deal with the problems of modern society in all its complexity. From this perspective, the Framers of the Constitution could not have anticipated it and the Constitution could not have barred it. What I will suggest, in contrast, is that administrative power is actually very old. It revives what used to be called prerogative or absolute power, and it is thus something that the Constitution centrally prohibited.
Your pay will be held up for a time equal to the average permit time, less one week generally, less one month in case of the most significant submission of a client by pages, but obviously not less than zero days.
Cant remember who said this but when it comes to govt they have overwhelming resources and how do you fight that. The quote is “ the process is the punishment”. That how they got Flynn, bankrupt them and then get them to plea to something they didn’t do
Trump is prime example of this kind of law fare