Here the executive branch (article 2) performs an article 1 function and, in effect, legislates. It then reverts to its article 2 role and prosecutes. Then it assumes article 3 status and conducts a hearing to determine guilt or innocence. It continues in that role as it imposes a fine. It then reverts to its article 2 role and concludes that it will garnishee wages in payment of the fine which it has imposed after a hearing which it has conducted in an article 3 role.
Of course I recognize that there are administrative hearings and administrative prosecutorial actions but what I am complaining about is the consolidation of all these roles in one unelected, unresponsive bureaucracy which is increasingly being improperly used in substitution for legislation. Presumably, legislation is more receptive to the will of the people than regulations fashion by anonymous bureaucrats but the absence of such legislation, which has been defaulted to bureaucrats, actually represents the will of the people that no action should not be taken.
The article 5 movement contemplates as one of its reforms an amendment that says that regulations that are not affirmatively ratified by Congress within a specified time period automatically become null and void.
