The Administrative State’s Attack On The Constitution

From the pen of Joseph Postell:

The Founders confronted a basic problem: How to vest government with sufficient power to get things done without giving it the instruments to exercise tyrannical control? To protect individual liberty and rights, they established (among others) two basic principles at the center of our constitutional order: representation and the separation of powers. To assure that government operated by consent, they provided that those responsible for making laws would be held accountable through elections. Moreover, legislative, executive and judicial power would be separated so those who made the laws were not in charge of executing and applying them.

Our modern administrative state violates these principles. That also is by design, courtesy of the progressives – the original architects of the administrative state. Progressives such as Woodrow Wilson disdained the idea of government “by the people” and sought to replace it with government by the experts. Wilson complained of America’s “besetting error of … trying to do too much by vote.” “Self-government does not consist in having a hand in everything,” he argued.

The progressives sought to circumvent representative government by transferring power from Congress to a newly created fourth branch of government, our modern bureaucracy. Congress would no longer make laws but merely pass bills that consist of assignments to agencies. The actual laws then would be passed by agencies in the form of “rules” carrying the full force of law.

Read this entire article here. . . .