The View From 1776

Our Unconstitutional Administrative State

What used to be called quasi-judicial agencies have become a rogue government unto themselves, outside the original confines of the Constitution.  These agencies, today typified by the Environmental Protection Agency, make the law, enforce it, and adjudicate disputes arising under their regulations.  This, of course, is in direct conflict with the Constitution’s separation of powers.

The Constitution was crafted with the intent to prevent aggrandizement of political and economic power in one set of hands, relying upon the concept of separation of powers.  Every school child is taught about the separation of powers among the legislative, executive, and judicial branches.  But the most basic of these power separations was between the individual states and the Federal government.

It’s no accident that liberal-progressives, since the beginning of the 20th century, had agitated for diminishing the countervailing powers of the states, a goal greatly furthered by the 17th Amendment that reduced state legislatures’ influence upon members of the Senate.  At the same time, activist presidents - Teddy Roosevelt and Woodrow Wilson - began creating quasi-judicial regulatory agencies to enhance presidential powers at the expense of Congress.

Read Myron Magnet’s overview of the phenomenon on the City Journal website:

Professor Tribe’s Transgression:  He takes the Constitution seriously.

Posted by .(JavaScript must be enabled to view this email address) on 05/10 at 03:35 PM
  1. It is ironic to hear conservative rail at the Environmental Protection Agency (EPA) which was invented by that left-leaning, liberal-progressive Richard M. Nixon. The clean air act, one of his great achievements, is the main difference between the clean air we breathe and the blue skies our children play under, and the no-holds-barred industry-first approach that we see in China today. With smog so thick people can't see across the street, even the Red Chinese have been forced to attempt to control their pollution problems.

    While some may kvetch that the EPA is overstepping its mandate by enforcing it regulations too harshly, I doubt whether the public would tolerate a return to the "good old days" prior to Nixon's EPA when our rivers were so polluted that they often caught of fire.
    Posted by .(JavaScript must be enabled to view this email address)  on  05/10  at  06:40 PM
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