Posted on 09/30/2014 12:49:29 PM PDT by RicocheT
There are many complaints about administrative lawincluding 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 lawor, more accurately, administrative power.
(Excerpt) Read more at imprimis.hillsdale.edu ...
“At its most advanced stage, domination functions as administration This is the pure form of domination.”
Herbert Marcuse
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.
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.
Indeed.
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