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Tuesday, September 16. 2014

Down with the administrative state


Hear, hear: Down with the administrative state:  You may not be interested in administrative law, but administrative law is interested in you


Fascinating vid there from Prof. Hamburger. "Absolute power still thrives on the Continent."

Posted by The Barrister at 13:25 | Comments (5) | Trackbacks (0)

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Professor Hamburger's argument amplifies one I've been making for years without the benefit of the legal scholarship he ably provides. I start with there being no basis for Congress to delegate its legislative powers in the Constitution, which leads me to the conclusion that no "rule" having the force of law upon citizens who are not Federal employees can be legitimate.

He further recounts the history of such administrative measures and rightly categorizes them as a species of Absolute Rule, wholly alien to the governance of a representative republic.

Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
#1 WalkingHorse on 2014-09-16 15:07 (Reply)
The Supreme Court has ruled that delegations of power by Congress are constitutional, excepting powers that are exclusively granted to congress. Wayman v. Southard, 23 U.S. (10 Wheat.) at 42; you might also want to read 1 K. DAVIS, ADMINISTRATIVE LAW TREATISE Ch. 3 (2d ed., 1978); L. JAFFE, JUDICIAL CONTROL OF ADMINISTRATIVE ACTION ch. 2 (1965).

So Hamburger's wishful thinking is wrong.
#1.1 Eric the Red on 2014-09-16 20:15 (Reply)
Who decided the Supreme Court was infallible?
#2 B Moe on 2014-09-16 20:43 (Reply)
Who said they were?
#2.1 Eric the Red on 2014-09-16 20:52 (Reply)
If I were a mayor or governor I would require the various city or state agencies that administer regulations to change their operation from opposition to one of cooperation/facilitation. For example if a builder or business person came into the zoning office and needed approval for construction or a zoning change that the staff would consider it their job to aid the customer in getting it done. Dealing with a bureaucracy is intentionally antagonistic. This is the fault of upper management. It doesn't have to be this way.
#3 GoneWithTheWind on 2014-09-17 17:13 (Reply)

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