Posts Tagged ‘judicial branch’

Bureaucracy, Law and Separation of Powers.

Monday, June 16th, 2014

 

Dear Friends,

 

It seems to me, nothing can prove the out of control growth of the bureaucratic regulatory apparatus of the Executive branch, than the fact that now the Legislative branch needs to pass legislation to stop regulation they find appalling. Congressman Peter Welch of Vermont is sponsoring a bill that would stop some new regulations, prohibiting cheese from being aged on wooden boards, or in wooden containers. As with most regulations this one is absurd, makes no sense from a scientific perspective, legal or even a sociological perspective, but it is an example of bureaucrats working diligently in the dark, regulating how we do everything and in every way. Their regulations are not subject to the will of the people, and are not Constitutional, but they have transferred tremendous power from the legislative branch to the Executive, undermining the intent of our Constitution’s foundational thesis, that of the separation of power, all for the dubious goal of efficiency in government. As we move further and further away from Constitutional rule, and into the chimeric bastardization of our government, we can expect our leaders, especially the Executive, to act more and more arbitrarily, until we have arbitrary government in all but name.

 

Constitutions are a concept that was invented as a way to limit the propensity of governments to become tyrannical. History shows that there has never been a government, no matter how well devised, that didn’t eventually become despotic. Rome was a republic for century upon century but eventually became a tyranny. That great republic began it’s death spiral the moment the people accepted arbitrary power in the hands of the Caesar, whether wielded by Marcus Aurelius or Nero, that power corrupted not only the man, and the Praetorian guard who protected him, but the society that became dependent on it as well. This is what Constitutions are supposed to prevent. If they are not followed however they loose the ability to limit and instead provide cover for a would be dictator.

 

Separation of power is the primary means the US Constitution, our Constitution, is supposed to prevent arbitrary rule. History shows that most of the time despotism comes from the Executive. Separation of powers is meant to prevent this propensity of rulers by limiting their absolute power and divesting that power in other segments of government, then pitting those segments, (and political factions), against each other, like using a fire line to stop a fire. Federalist Paper number ten explains this far better than I can. The power of a Constitution to reign in the avarice of a leader depends on it’s being adhered to.

 

The power to pass laws was given solely to the Legislative branch in the US Constitution. Our leaders have evolved the definition of the words in the Constitution to allow for a bureaucracy to take over most of the legislative functions of the Legislature. This has ostensibly been done to improve the efficiency of government to regulate the actions of it’s citizens. While it has allowed government to regulate far more efficiently… that regulation is anything but efficient. It drastically diminishes economic growth, personal freedom and US competitiveness, all for some pie in the sky notion of government efficiency. The truth is, the most efficient government is a tyranny, but is that where we want our government to go?

 

Keeping the thousands upon thousands of bureaucrats busy, as well as the hundreds government adds every year, presupposes that reams and reams of regulations must be written, else the need for the leviathan of the bureaucratic government goes away and the bureaucracy becomes redundant. Making those tens of thousands of high paying government jobs all go away. Bureaucrats, who are the modern equivalent of buggy whip weavers, cannot stand for their cushy, pensioned, well paid careers with government go away, and so they have a self interested need to keep the regulatory bandwagon rolling. The deleterious effect on society, our economy and even the destruction of Constitutional rule is irrelevant, and so our Legislature is taking up the all important question, whether cheese should be aged on wood as it has been for thousands of years.

 

Since the Legislative branch has given up so much of it’s power to the bureaucracy, it finds itself in the uncomfortable position where it has to pass legislation, to protect certain politically favored industries from the negative effects of regulation, in this case the cheese industry. When the legislative branch must pass a law to stop a regulation, it is proof positive that the kudzu of bureaucracy, has outgrown the garden. There was a Supreme Court ruling a few years ago that in effect said, since the Legislative branch had willingly ceded their power to the Executive’s bureaucracy, that bureaucracy has now the same power to pass regulations as if they were law, Constitutionally passed by the Legislature and signed by the Executive. That ruling, along with a host of other absurd rulings by the Supreme Court, has evolved our government away from Constitutional limits on the power of government as intended by the founders, to this bastardized inbred monstrosity we now live under. The real problem here, is the disdain and loathing our leaders hold for our Constitution, from the Executive through the Legislative and the Judiciary branches, all the way down to the lowly bureaucrat toiling away in his or her cubicle, for eight hours a day, making rules for the rest of us to live under, without scrutiny, or oversight… and without Constitutional authority.

 

 

Sincerely,

 

John Pepin

 

 

 

Faction in the Modern World

Monday, August 20th, 2012

Dear Friends,

It seems to me that faction is a bigger threat to our Constitutional republic today than at any time in our history. That is a pretty big statement, considering that we have fought a Civil War, as atonement for the evil of slavery, and all the other times faction has threatened our liberties. The threat of faction has been known and understood since Madison wrote Federalist Paper #10. That faction is a bigger threat today, speaks more about the characteristic of faction in modern society, than the nature of faction as a whole. If I am correct, and faction poses a greater threat to our freedoms and the liberties of our children than at any other time in American history, we must all wake up and address this threat, else we will leave our children a far worse state of affairs, than our parents did us.

In Federalist paper #10 Madison wrote that faction is the biggest threat to a republic. Faction, being like fire and liberty being like oxygen, the way to control faction is not to starve it of oxygen, (liberty) but to pit faction against faction. I am of course paraphrasing his words but the meaning is correct. By pitting faction against faction his theory, and the theory of the US Constitution, is that if faction is always fighting turf wars, no one faction can grow sufficiently large to take over the apparatus of the State. Madison warned that if some faction gained total control of two of the branches of government then our liberty would be threatened. He was adamant about this.

One of the bulwarks against this happening is the free press enjoyed in the US. The free press being able to point out when any single faction in society is becoming too large. A free press was considered one of the controls on the predilection of the Elite to usurp power. This control has worked sometimes better, sometimes worse, but all in all it has been a moderately sufficient safeguard in the past. Today however, we have a media that calls itself unbiased, yet they have a demonstrable bias toward a single faction, showing absolute contempt for our intelligence. This faction was briefly in charge of all three branches of government and still has hegemony over two. The Executive and the Judicial. Control of the Legislative branch is tenuously limited, by the inclusion of a few that are not in that faction, but they are incessantly vilified by the unbiased press for it.

The two party system was another protection against the vicissitudes of faction. If there are only two parties, then all factions must squeeze into one or the other party, thus limiting their overall power. Various factions would have to commingle within each party in order to have some seat at the table. The two party system worked well throughout most of our history but recently has become an impediment due to the pernicious nature of the one faction. This faction has penetrated both parties. The democrat party is under total control of this faction and the Elite in the republican party are loyal to this faction as well. There is only a small minority, growing to be sure, but nevertheless a small faction within the republican party that resists the advance of these people.

Joesph Schumpeter said that free markets and liberty cannot long last. His dire prediction was based on the fact that, once a person becomes wealthy their first order of business is to close the door behind them, so that no one else can pass through the portal to wealth, they did. This doesn’t make the rich bad… it makes them human. The means to this end being ever increasing regulation. As Milton Friedman said, when a business man is confronted with a superior competitor he has two options, the first is to ramp up his business to effectively compete and the other is to turn to government and regulate the competitor away. It is the responsibility of the electorate to control the avarice of the wealthy by the popular vote.

Now we have one faction that seeks to regulate the people while resisting the most basic controls on their actions. They use populist rhetoric to convince us that they work in our best interests, but even a cursory knowledge of human nature shows, this is mere folly. No one works against their own interests. Those very few that have, are given the attribution… Saints and the Christ. To believe that people who seek to control us with arbitrary power, only seek the interests of society, eschewing their own is blindness. The progressive faction is nearing their complete victory over our Constitutional republic, destroying their mortal enemy, the free market and imposing arbitrary rule on us and our children.

All is not lost however. We still have suffrage and the unconventional media. This blog being an example. We can use that power given to us by the Founding Fathers and turn the tide, for at best a few more years, or we can stand aside and allow the demise of our republic, and with it, our liberty, opportunity and safety. It is up to us to be rational maximizers, to stand in the way of the progressive agenda, for the sake of those we love most, or, we can accept the part of useful idiot. I for one, have no interest in being a useful idiot and ceding our republic to a single faction, no matter how flowery their rhetoric… Do you?

Sincerely,

John Pepin