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Thread: Administrative State Is THE Leading Threat to Civil Liberties of Our Era

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    Administrative State Is THE Leading Threat to Civil Liberties of Our Era

    The administrative state shouldn't be making laws and rules.

    Administrative State Is THE Leading Threat to Civil Liberties of Our Era



    "The administrative state is the leading threat to civil liberties of our era," says Philip Hamburger, the Maurice and Hilda Friedman Professor of Law at Columbia Law School and author of the recent books, Is Administrative Law Unlawful? (2015) and The Administrative Threat (2017). "We have a system of government in which our laws are made by the folks that we elect, and these laws are enforced by judges and juries in the courts, but we have within that an administrative state, a state that acts really by mere command and not through law." Hamburger argues that by reducing the role of elected officials to set policy, the administrative state, which has grown rapidly since World War II, disempowers blacks, women, and other minorities who have only recently gained full voting rights and political power.

    Before he left the Trump administration, former White House Chief Strategist Steve Bannon famously vowed to "deconstruct" the administrative state—the collection of bureaucrats, agencies, and unelected rule-making bodies who decrees and diktats govern more and more of our lives.

    And many of the president's picks at places such as the FCC, the FDA, the EPA, and the Department of Education seem to be doing just that: cutting regulations and policies that come not directly from Congress but from administrators who decide, say, that the FCC has the ability to regulate the internet as a public utility, and that so-called net neutrality is a good idea. Trump's appointee to the Supreme Court, Neil Gorsuch, is widely understood to be a critic of the administrative and some of best-known ruling challenged the validity of rules laid out by federal bureaucracies.

    ...
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    Well done! Thanks for sharing

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    Quote Originally Posted by Chris View Post
    The administrative state shouldn't be making laws and rules.

    Administrative State Is THE Leading Threat to Civil Liberties of Our Era
    They call this now the 'quasi-legislative' and with respect to the adninistrative hearings, that's the 'quasi-judicial'

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    Quote Originally Posted by Newpublius View Post
    They call this now the 'quasi-legislative' and with respect to the adninistrative hearings, that's the 'quasi-judicial'
    The quasi-state is pretty deep.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    Hayek in the The Road to Serfdom describes this as one of the inevitable stages of central planning where the legislature can no longer pass laws but pass them on to an administrative state. The next step is the people demand a charismatic dictator to just issue executive orders.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    Quote Originally Posted by Chris View Post
    Hayek in the The Road to Serfdom describes this as one of the inevitable stages of central planning where the legislature can no longer pass laws but pass them on to an administrative state. The next step is the people demand a charismatic dictator to just issue executive orders.
    A better next step is an amendment that requires the Congress vote on the rules.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    The legislative branch makes laws via statute.

    The executive branch agencies make regulations to implement the laws passed by the legislature.

    When there is a conflict a statute trumps a regulation.
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