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Archive of posts published in the tag: administrative state

The Source of Judicial Controversies

“Regulation by agencies is relatively simple to promulgate—it merely takes the time and patience necessary to announce a rule, take comments, and show that the comments were in some way taken into consideration. Navigating bureaucratic procedure and red tape is easy compared with cobbling together a majority (or supermajority) of both houses of Congress and winning the president’s support. “

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Non-Delegation and the Administrative State

James Madison stated in Federalist #47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In 1933 two laws were struck down on the non-delegation principle, the effective delegation of legislative authority to unelected regulatory agencies. The recent court has prepared to revisit that principle.

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Facing the Limits of the Administrative State

This leads to a rethinking of the Administrative State in line with lessons learned and new thinking on how such organizations function.  Regulators are OK for executing clear laws, but terrible at designing systems and regulations  to advance unproven political theories.

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The Progressive Threat to the Constitution

This tension between the limited government of the constitution and the reach of the current administrative state is in my opinion the heart of the reason for our congressional disfunction, and our national division. Democracy is frustrated by regulations from an administrative state beyond accountability to the voters.

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“I Had the Right but Not the Ability”

While the Progressives imbued the administrative state with moral and political authority they overestimated its competence.  The second false assumption was that this uber-qualified elite would be capable of managing a complex society while trying to fulfill and endless list of social objectives.

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Trump as the Legacy of the Progressive Era

“…Trump’s success will likely depend upon his ability to articulate the ground of a common good that is still rooted in the past—a common good established by a government that protects the rights of its citizens in a constitutional manner and establishes limits on the authority of government by demanding that the rule of law replace that of bureaucratic privilege and status.”

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A Uniquely American Problem

Once a government program is established to provide benefits to a prescribed group, there is soon to follow a movement to expand the definition of that group to include more people (voters).  Lobbyists will form to expand the new institutionalized…

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The Threat of Administrative Agencies

Yuval Levin recently wrote TheFractured Republic, an intelligent look at the state of political discontent, and a recommended read.  He recently wrote Hillary Is an Embodiment of the Left’s Disdain for Democracy with coauthor Ramesh Ponnuru in National Review. He…

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