We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
The history of government is largely a story of elite power and popular subservience. Americans, however, turned this old model upside down. By establishing a republican form of government, they eventually made themselves masters and made their lawmakers their servants. More than two centuries later, the shell of this republican experiment remains. Within it, however, another government has arisen, in which new masters once again assert themselves, issuing commands as if they were members of a ruling class and as if the people were merely their servants. Self-government thus has given way to a system of submission.
Absolutely. All administrative "law" and regulations should go through congress and be signedby the president. If nothing else it will slow down the tsunami of regulation that is strangling business and oppressing citizens. I would also like to see all federal law sunset after 5 years. Congress will never choose to revisit bad laws on their own so it should be mandated.
neither Hamburger nor Johnson wrote anything worth reading. At least Hamburger could have summarized his argument in a more cogent way -- and if his arguments swirl around what the english kings did in the 17th century, he's failed.
you'd never guess what administrative law is from either the linked article or Hamburger's summation of his book. apparently its Bad and Unconstitutional and Scary.
administrative law is based on a limited grant by congress of authority to an agency to enforce a specific body of law, e.g., the IRS administers the Internal Revenue Code. the USSC has already held these grants of authority constitutional (yes, I realize many readers have their private fantasy version of the constitution, but for the real world, its legitimate). if you don't like the IRS, petition congress to repeal the part of the IRC that created the IRS.
administrative law is challengeable in federal court, administrative decisions are reviewable by the federal courts to make sure that due process concerns are met (notice, opportunity to be heard, etc) . ten minutes on wikipedia will show how administrative rule-making works, and would be time better spent that reading the article and its main link.
ProTip: just because you don't like it doesn't mean its unconstitutional.
In other words, the post-New Deal Supreme Court has upheld the New Deal revolution and the implicit amendment to the constitution entailed therein. True, but hardly a fantasy to point out that those 80-year-old precedents were wrong and counter to the letter and the spirit of the original, even if the Scalias of the world acquiesce in them today.
In other other words, the cases upholding delegation of Congressional power to administrative agencies are (like Roe v. Wade, Lawrence v. Texas, Brown v. Board of Education, etc., but unlike Heller v. District of Columbia, Bowers v. Hardwick, Plessy v. Ferguson, Dred Scott v. Sanford, etc.) like the laws of the Medes and the Persians, which alter not. Because the ratchet only turns one way.
Being one who abhors public meetings, preferring to be out hunting or fishing, most of my life I have felt compelled to participate in government. I have served on boards, Borough Assembly, etc. -but now, mostly write Opinions & Letters to the Editor. As I see it, our Constitutional Republic has been morphed into an elected/appointed, defacto Aristrocracy. I see this at all levels of gubmut from city to state to national. We desperately need, among other things a 28th Amendment that basically insures that Congress & all other public employees shall be held to all the laws that apply to every other citizen.