Posted on 06/25/2023 6:13:28 AM PDT by CFW
James Landis is widely credited with crafting the theoretical architecture supporting President Roosevelt’s radical reconstruction—and expansion—of the federal government. Landis shrewdly both established and legitimized the regulatory state, including Roosevelt’s creation of new federal administrative agencies, by offering the regulatory state as the solution to the problem of modern governance: the administrative state “is, in essence, our generation’s answer to the inadequacy of the judicial and legislative process.” The Landis premise took concrete shape through Roosevelt’s expansion of the regulatory state, and in doing so, it brought to fruition Woodrow Wilson’s progressive intellectual project: rule by experts, insulated from the popular will
Landis believed the “the administrative process” for which he advocated would “spring from the inadequacy of a simply tripartite form of government to deal with modern problems” because modern problems were simply too large and complex to be entrusted to the system based on the separation of powers instituted by our nation’s founders. Landis framed this innovation as consistent with separation of powers principles because he believed the separation of powers called both for separation but also coordination among the branches, and he saw the administrative state as essential to creating that coordination:
"If the doctrine of separation of power implies division, it also implies balance, and balance calls for equality. The creation of administrative power may be the means for the preservation of that balance, so that paradoxically enough, though it may seem in theoretic violation of the doctrine of the separation of powers, it may in matter of fact be the means for the preservation of the content of that doctrine."
(Excerpt) Read more at amgreatness.com ...
"This reality was never on fuller display than during the Trump Administration, as I witnessed firsthand. From President Trump’s inauguration forward, the recalcitrant federal bureaucracy slow- walked his policies, including policy promises that were central to his victorious 2016 campaign (and that therefore commanded significant support from the American people). The Army Corps of Engineers dragged its feet in finalizing plans for the construction of a border wall. The Department of Education refused to withdraw Obama-era memoranda on Title IV and disparate impact. Bureaucrats at the Department of State ultimately blocked efforts to require “extreme vetting” for foreign nationals entering the United States. The idea that the federal bureaucracy is accountable to the president is a mirage."
Bump for later
the Feds thrive on crisis....those feeding the crisis are rewarded accordingly.
Need to reserve “state of emergency powers” to the states....
Sounds like a lot of federal bureaucrats need to be fired.
Trump can be elected, he can vent his anger and shower the bureaucracy with executive orders. Yet irtis useless without Congress eliminating entire agencies.
While we were exercising diligence against tyrants and dictators, the bureaucrats have stealthily crept in and decimated freedom. Mao understood the danger presented and launched the Cultural Revolution. His answer was the typical totalitarian response; start killing people.
So this guy just now figured out that the New Deal destroyed America and created a new Fourth Branch of “the government”?
Let’s just call him Van Winkle.
Most people do not know what you know.
It is important for this information to be repeated and shouted to the heavens!
“Most people never knew that Herbert Hoover regulated the radio airwaves so broadcasters would not have overlapping signals. He also was the first person to have his face broadcast in a television transmission on April 7, 1927 over telephone lines from Washington, D.C. to New York City.”
https://hoover.blogs.archives.gov/2019/07/03/a-face-for-radio/
The Administative/Managerial state has become “Our Democracy.”
“The range of products standardized under Hoover’s simplification program was impressive. For example, the variety of bedsteads, springs and mattresses was reduced from 78 to 4 sizes. Varieties of hotel china were reduced from 700 to 160. Milk bottle varieties were reduced from 49 to 9, while the number of types of caps was reduced from 29 to 1. Varieties of bed blankets were reduced from 78 to 12. Wall blackboards were reduced in number from 90 to 3. Hospital bed lengths were reduced from 33 to 1, widths from 34 to 3 and Heights from 44 to 1 (Bureau of Standards, 1924).
“Nor did Hoover’s zeal for simplification and standardization stop with individual products. In one of his most ambitious projects, he mounted a major campaign to simplify and standardize traffic laws and signage through a series of Conferences on Street and Highway Safety.”
“In addition, Hoover was active in promoting the formation of regional power grids, a new concept at the time (Clements, 2000; Hard, 1924). He promoted uniform standards for radio transmission. And, his approach was particularly effective with respect to creating affordable housing, encouraging, if not making possible, further suburbanization. Standard house plans drafted by the Architects’ Small House Service Bureau of the American Institute of Architects were published. Model zoning ordinances were produced as well as building codes. Building materials were standardized (Clements, 2010). Hoover saw this as particularly important as inadequate housing was a ‘thriving food for Bolshevism’”
https://www.cairn.info/revue-journal-of-innovation-economics-2017-1-page-29.htm
Just sayin…..
“the Public Buildings Commission announced on November 17, 1926, that several new buildings would be added and new sites for proposed buildings announced, including:
A new Department of Justice building, to be located between Pennsylvania Avenue NW and D Street NW, and 14th and 15th Streets NW.
A new “General Supply” building, to be located between 14th and 13th Streets NW between D and C Streets NW.
A new Independent Offices building, to be located between 12th and 13th Streets NW and B and C Streets NW (cutting off the last block of Ohio Avenue NW; this was the original proposed site of the National Archives in June 1926).
A new Department of Labor building, to be located between 13th and 14th Streets NW and B and C Streets NW.
A new General Accounting Office building, to be located between 9th and 10th Streets NW and B and C Streets NW.
Moving the Department of Commerce site from the National Mall to between 14th and 15th Streets NW between C and B Streets NW.
Moving the National Archives site northward to between 12th and 13th Streets NW and Pennsylvania Avenue NW and C Streets NW (cutting off D Street NW).
Retaining the previously announced site of the Internal Revenue building.”
“President (and former Commerce Secretary) Herbert Hoover laid the cornerstone of the Commerce building on June 10, 1929, using the same trowel President George Washington had used to lay the cornerstone of the U.S. Capitol....the contract for its limestone facade—according to at least one newspaper account, the largest stone contract in world history—was awarded in April. By then, the cost of the Commerce building had risen to $17.5 million. Due to the formerly marshy condition of the soil and several submerged streams nearby, more than 18,000 pilings had to be set to construct the Commerce building. Water pressure from the submerged Tiber Creek made it too difficult to drive the piles, so a deep-sea diver descended into the underground Tiber Creek and drilled a hole 20 feet (6.1 metres) deep into the earth. A hose was inserted into the hole, and water pumped from the earth until the water table dropped and the driving of the piles could be accomplished.”
“The first problem occurred in July 1930, when the lathers union struck to win a $2 per day (16.7 percent) pay increase, halting work for a short period of time on the Archives, Interstate Commerce, Justice, Labor, and Post Office sites. A second strike occurred in late summer 1931 over a new federal wage law. The Davis-Bacon Act was passed by Congress and signed into law by President Hoover on March 3, 1931. On August 4, 1931, painters working on the Internal Revenue building struck, arguing that out-of-town workers were being imported into the city to work on the building and being paid $5-to-$7 a day rather than the prevailing local wage rate of $11 a day.”
“in 1933. With the Depression deepening, contractors were pressing for a 27.3 percent wage cut with their unions, particularly the carpenters’ union. On January 6, 1933, a fire swept through the upper floors of the unfinished ICC building. The fire was ruled arson and a “disgruntled carpenter” was suspected.”
“by February a general strike among all unionized workers at the Federal Triangle complex seemed likely. Employers said they would fire all unionized workers if a strike occurred and replace them with strikebreakers. The two sides agreed to let the Treasury Department arbitrate their dispute, and on February 13 the government ruled in favor of the unions—averting a job action. The employers went to court, and in April 1933 the carpenters agreed to the 27.3 percent wage cut.”
https://en.wikipedia.org/wiki/Federal_Triangle
“The National Recovery Administration (NRA) was a prime agency established by U.S. president Franklin D. Roosevelt (FDR) in 1933. The goal of the administration was to eliminate ‘cut throat competition’ by bringing industry, labor, and government together to create codes of ‘fair practices’ and set prices. The NRA was created by the National Industrial Recovery Act (NIRA) and allowed industries to get together and write ‘codes of fair competition’. The codes intended both to help workers set minimum wages and maximum weekly hours, as well as minimum prices at which products could be sold. The NRA also had a two-year renewal charter and was set to expire in June 1935 if not renewed.
“The NRA, symbolized by the Blue Eagle, was popular with workers. Businesses that supported the NRA put the symbol in their shop windows and on their packages, though they did not always go along with the regulations entailed. Though membership of the NRA was voluntary, businesses that did not display the eagle were very often boycotted, making it seem mandatory for survival to many.
“In 1935, the U.S. Supreme Court unanimously declared that the NRA law was unconstitutional, ruling that it infringed the separation of powers under the United States Constitution. The NRA quickly stopped operations, but many of its labor provisions reappeared in the National Labor Relations Act (Wagner Act), passed later the same year. The long-term result was a surge in the growth and power of unions, which became a core of the New Deal Coalition that dominated national politics for the next three decades.”
“The first director of the NRA was Hugh S. Johnson, a retired United States Army general who had been in charge of supervising the wartime economy in 1917–1918. “
“The Blue Eagle was a symbol used in the United States by companies to show compliance with and support of the National Industrial Recovery Act. To mobilize political support for the NRA, Johnson launched the ‘NRA Blue Eagle’ publicity campaign to boost his bargaining strength to negotiate the codes with business and labor. Businesses were entitled to display the logo only if they abided by the labor standards mandated by the NIRA, including increased hourly wages and maximum work hours. President Roosevelt’s goal was for consumers to only shop at stores that displayed the Blue Eagle, and to avoid stores that did not. In doing this, Roosevelt hoped that those stores which did not comply with the policies of the NRA would change their stance, or they would risk experiencing ‘economic death’ as a result.”
“According to a few sources, however, it was sketched by Johnson, based on an idea used by the War Industries Board during World War I. The eagle holds a gear, symbolizing industry, in its right talon, and bolts of lightning in its left talon, symbolizing power.”
“The most famous use of the Blue Eagle is perhaps as an NFL team name, when the franchise from Philadelphia named their team the Eagles. Bert Bell and Lud Wray purchased the team in 1933 and changed the name of the team in honor of the NRA.”
“The NRA negotiated specific sets of codes with leaders of the nation’s major industries; the most important provisions were anti-deflationary floors below which no company would lower prices or wages, and agreements on maintaining employment and production. In a remarkably short time, the NRA won agreements from almost every major industry in the nation. According to some conservative economists, the NRA increased the cost of doing business by forty percent. Donald Richberg, who soon replaced Johnson as the head of the NRA said:
‘There is no choice presented to American business between intelligently planned and uncontrolled industrial operations and a return to the gold-plated anarchy that masqueraded as ‘rugged individualism.’... Unless industry is sufficiently socialized by its private owners and managers so that great essential industries are operated under public obligation appropriate to the public interest in them, the advance of political control over private industry is inevitable.”
“In early 1935 the new chairman, Samuel Clay Williams, announced that the NRA would stop setting prices, but businessmen complained. Chairman Williams told them plainly that, unless they could prove it would damage business, NRA was going to put an end to price control. Williams said, ‘Greater productivity and employment would result if greater price flexibility were attained.’ Of the 2,000 businessmen on hand probably 90% opposed Mr. Williams’ aim, reported Time magazine: ‘To them a guaranteed price for their products looks like a royal road to profits.’”
“The National Recovery Review Board, headed by noted criminal lawyer Clarence Darrow, a prominent liberal, was set up by President Roosevelt in March 1934 and abolished by him that same June. The board issued three reports highly critical of the NRA from the perspective of small business, charging the NRA with fostering cartels. The Darrow board, influenced by Justice Louis D. Brandeis, wanted instead to promote competitive capitalism.”
“Representing big business, the American Liberty League, 1934–40, was run by leading industrialists who opposed the liberalism of the New Deal. Regarding the controversial NRA, the League was ambivalent. Jouett Shouse, the League president, commented that ‘the NRA has indulged in unwarranted excesses of attempted regulation’; on the other, he added that ‘in many regards [the NRA] has served a useful purpose.’ Shouse said that he had “deep sympathy” with the goals of the NRA, explaining, ‘While I feel very strongly that the prohibition of child labor, the maintenance of a minimum wage and the limitation of the hours of work belong under our form of government in the realm of the affairs of the different states, yet I am entirely willing to agree that in the case of an overwhelming national emergency the Federal Government for a limited period should be permitted to assume jurisdiction of them.’”
“Storrs (2000) says the National Consumers’ League (NCL) had been instrumental in the passage and legal defense of labor legislation in many states since 1899. Women activists used the New Deal opportunity to gain a national forum. General Secretary Lucy Randolph Mason and her league relentlessly lobbied the NRA to make its regulatory codes just and fair for all workers and to eliminate explicit and de facto discrimination in pay, working conditions, and opportunities for reasons of sex, race, or union status.”
“About 23 million people were employed under the NRA codes. However, violations of codes became common and attempts were made to use the courts to enforce the NRA. The NRA included a multitude of regulations imposing the pricing and production standards for all sorts of goods and services. Individuals were arrested for not complying with these codes. For example, one small businessman was fined for violating the “Tailor’s Code” by pressing a suit for 35 rather than NRA required 40 cents. Roosevelt critic John T. Flynn, in The Roosevelt Myth (1944), wrote:
‘The NRA was discovering it could not enforce its rules. Black markets grew up. Only the most violent police methods could procure enforcement. In Sidney Hillman’s garment industry the code authority employed enforcement police. They roamed through the garment district like storm troopers. They could enter a man’s factory, send him out, line up his employees, subject them to minute interrogation, take over his books on the instant. Night work was forbidden. Flying squadrons of these private coat-and-suit police went through the district at night, battering down doors with axes looking for men who were committing the crime of sewing together a pair of pants at night. But without these harsh methods many code authorities said there could be no compliance because the public was not back of it.’”
“The NRA was famous for its bureaucracy. Journalist Raymond Clapper reported that between 4,000 and 5,000 business practices were prohibited by NRA orders that carried the force of law, which were contained in some 3,000 administrative orders running to over 10 million pages, and supplemented by what Clapper said were ‘innumerable opinions and directions from national, regional and code boards interpreting and enforcing provisions of the act.’ There were also “the rules of the code authorities, themselves, each having the force of law and affecting the lives and conduct of millions of persons.” Clapper concluded: ‘It requires no imagination to appreciate the difficulty the business man has in keeping informed of these codes, supplemental codes, code amendments, executive orders, administrative orders, office orders, interpretations, rules, regulations and obiter dicta.’”
“On May 27, 1935, in the court case of Schechter Poultry Corp. v. United States, the Supreme Court held the mandatory codes section of NIRA unconstitutional,. Chief Justice Charles Evans Hughes wrote for a unanimous Court in invalidating the industrial ‘codes of fair competition’ which the NIRA enabled the President to issue. The Court held that the codes violated the United States Constitution’s separation of powers as an impermissible delegation of legislative power to the executive branch.
“The Court also held that the NIRA provisions were in excess of congressional power under the Commerce Clause because they regulated commerce that was not interstate in character. The Court distinguished between direct effects on interstate commerce, which Congress could lawfully regulate, and indirect, which were purely matters of state law. Though the raising and sale of poultry was an interstate industry, the Court found that the ‘stream of interstate commerce’ had stopped in this case: Schechter’s slaughterhouses bought chickens only from intrastate wholesalers and sold to intrastate buyers. Any interstate effect of Schechter was indirect, and therefore beyond federal reach.”
https://en.wikipedia.org/wiki/National_Recovery_Administration
Conservatives are crippled by 19th century Age of Steam economic cliches. I’m gonna tell you one thing, kid, Trump supporter Lyndon LaRouche. You think I’m kidding. Amplify your intelligence and kill the cliche monster here - www.larouchepub.com
Here are some things that can help save the republic - (a) dismantling of the worst, most unneccesary and intrusive elements of the deep state - the dept of ed and HUD (states are better positioned to do anything the Dep of Ed and HUD are doing), as well as the CDC and FDA (governmnet can consult and contract with mukltiple private institutions that can do a better and non-political job in those fields renedering “best opinions” as opposed to govewrnment imposed “official” opinions), reform of EPA limiting it to “mission essential” items only and getting it, by law, off the climate alarmist agenda), (b) sacking and replacing the whole top appointed and hired positions of the DOJ and FBI, and, can the dep of Homeland insercurity, putting immigration and naturalization back where they were and eliminating all the internal spying the DHS is doing, (e) eliminate the wedge to enforcing federal nonsense built into the tax code by ditching the entire code and going to a single univeral flat income tax with no deductions, no exceptions, no exclusions and no credits - just one flat tax everyone pays, and (f) eliminate all “grant” programs which are nothing more than both a swindle going from federal taxpayers to corrupt state coffers and funding “non-profits” that are nothing more than an industry of activists whose major activities are claiming the country is going to hell in a hand baskit if the federal government quits being the largest funder of “charities”.
Wrong Roosevelt.
If we’re truly going to deal with and eliminate the bureaucratic/administrative state, we’re going to have to be honest with ourselves and start talking about both Woodrow Wilson and Theodore Roosevelt.
Outstanding cabinet and sub-cabinet appointees can resolve this issue.
President Trump did not (for the most part) appoint folks with the knowledge, skills, ability and raw determination to get the job done.
The bureaucracy plainly sees itself as not answerable to the elected government. They claim the law controls the President's actions in this case. But who interprets and controls the application of the law here? The bureaucracy.
that is a true statement....
but, congress needs to let the executive branch (President) excute the laws congress has set forth...
Instead we have/had the like of Pelosi et al., threatening the President at every juncture
We no longer have 3 equal branches of government and this is going to give way to populism and a dictator if we do not correct this
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.