Deep thinking about America's oppressive federal administrative state: Farewell to the Administrative State? (my bold):
The problem is that the individual can not afford to fight them. Small businesses can neither afford the legal teams, the years, nor nor lobbyists to defend them. Wallach begins:
What sort of political system do we have in America? Why, republican self-government, of course. Government of the people, by the people, and for the people, as mediated by our hallowed constitutional institutions. Doing our thing for 227 years now.
A great many people aren’t buying that story these days. They look at our actual manner of governing and see bitterly contested symbolic elections awkwardly joined to a powerful technocratic administrative state that makes most of the important decisions. The disconnect between the ideal and the reality has brought us a legitimacy crisis that has been often touched upon in these virtual pages lately.
Leviathan is now too big to fail:
We live in a democracy full of fellow-citizens who think that “crucial functions” are very extensive indeed. One libertarian tradition is simply to flip these fellow-citizens the bird and insist that a cadre of the right kind of rulers—anti-technocratic technocrats, more or less—will somehow gain power and make our government best by governing least. That is undoubtedly an applause line in many rooms, but it is the equivalent of not playing the game at all.