Posts Tagged ‘separation of powers’

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.





John Pepin




Our Constitutional Crisis

Thursday, October 17th, 2013

Dear Friends,


It seems to me, the debt ceiling and government shutdown is not about spending, and it is not about winning or loosing a mere political battle, it is a Constitutional crisis. The needless rhetoric that has been thrown around during this debate has been a way to change the subject to mere name calling and fear mongering. The malpractice of the media that calls itself unbiased has been even more pathetic than usual and is a large part of why the real issue has been overlooked. Our republic is jeopardized by this type of emotional manipulation of us, by the political elite, the media and intellectuals.


The Constitutional principle in question is separation of powers and the power of Congress to control spending. This is the only fundamental power left to the neutered legislative branch of our government. In this debate, as it now appears, the Executive branch has seized almost all of the powers the Constitution bestowed on the Legislative branch. The power of the purse, as it is called, has now fallen to the Executive as has the power to legislate via the Bureaucracy. Once this episode is over the Legislative branch will have no power whatsoever. Even the power of oversight has been taken from the impotent Legislature by Executive privilege, stonewalling and outright lying under oath.


The rhetoric that has been used by Obama, the media and the democrats has been over the top. They have called the Tea Party wing of the republican party, bomb throwers, terrorists, and hostage takers among other detestable things. The toadies in the media have backed the progressive elite up even to the point of agreeing with them. Elenore Clift is one such example Sunday on the McLaughlin Group. To draw a moral equivalence between people who engage in such evil acts as killing innocents, with people who are making a principled stand for Constitutional rule, shows one of two things. Either those who draw the equivalence are horribly broken inside or they are liars. Both disqualify them from holding any power over anyone.


I hadn’t written The Frog and the Scorpion a month before the AP phone scandal broke. We later found out FOX news reporters phones were being tapped as well. The press feigned outrage but in fact quivered in their boots. Terrified of the power they had bestowed upon the new imperial President. Today news reporters have few sources and those they do meet them in dark alleys and fear they are being followed. Story after story has come out describing the fear the press holds of this president. In this latest struggle between the imperial president and the legislature, the media has uniformly followed the the talking points of their oppressor. Perhaps they have Stockholm Syndrome? Regardless, if it was out of fear, cognitive dissonance or blind obedience, they have done themselves and our country a great disservice.


The separation of powers was supposed to be a bulwark against an executive becoming imperial. Our republic was founded on the knowledge, historically tyranny has risen from the executive branch, in a republic. Montesquieu made the argument that the Judiciary should be separated from the Executive Branch to further weaken it and prevent this outcome. Our founding fathers agreed and placed the Judicial Branch into our Constitution. The provision for a free press was an idea incorporated into our Constitution as another means to prevent tyranny. As this sad episode has shown us, this president has effectively neutered the Legislative Branch, he has whipped the unbiased media into line, he disregards Judicial rulings, he enforces the law arbitrarily and he is caught lying to the American people without consequence. In the Federalist Papers Madison, Jay and Hamilton warn this would be the end of our republic and limited government. I fear that unless drastic measures are not taken, like impeachment or installing a NUMA, to reign in this president, WE will be the generation that lost liberty… to our eternal shame.





John Pepin

Learned Helplessness

Thursday, January 26th, 2012

Dear Friends,

It seems to me the American people are being programmed in learned helplessness. This is an excellent way for the Elite to limit opportunities for the middleclass without repercussions. Leading to a declining middle class, (as we have seen in recent years), so that those who are Elite today, will stay Elite tomorrow. This is the acme of Schumpeter’s warning about the already wealthy, and his warning about the intellectual Elite, is also being carried out in our government. Most of those in the Executive branch today are from academia. This makes my blood run cold and it should yours.

Learned helplessness, is a physiological term denoting an instance, where, an individual has “learned” to be “helpless”. This was discovered accidentally when some lab equipment malfunctioned. There were dogs who were being trained to push a certain button and get a treat else get a shock. The equipment only shocked some dogs. Later, when put in a low pen, one they could easily step over, and given mild shocks they didn’t even get up and step over. They had learned to be helpless in the face of discomfort! It breaks my heart that those dogs were so maltreated, if even accidentally, they lost the ability to make self interested choices.

The loss of the ability to make self interested decisions, because someone believes that it doesn’t help, is tragic. They are feeble. That is the state the Elite would like us to be in. Look at what they are doing. The TSA is a great example of this. They eschew profiling when it would save tens of millions of dollars and make the airways much safer. But politics trump safety and efficiency… or, are they teaching us it is useless to complain, you will only miss your plane. You are being taught. Another is the regulation smothering every aspect of our lives. Do we really need the government to regulate the weight of OUR children? Or are we being taught something? Try suing City Hall for a taste of futility.

Look at the level of depression in our society. Is that not a perfect example of learned helplessness? Isn’t the prevalence of anti depressant drugs a clear sign that there might be a problem? The Elite want to help, they see the real problem and have a real solution, they will give us the antidepressants free of charge… No way numbing the American people could ever lead to South American style government could it? Or has it already?

Obama asked for more power to reorganize the executive branch, powers he “promises” will only be used to make government more responsive to the needs of the people. This very statement is a cattle prod to the eyeball of every Constitution abiding American citizen. Do we really, truly, want to put more power into the hands of the Executive? I will remind you that Bureaucracy writes de facto law in the form of regulation! What about separation of powers? Even European citizens should be outraged! But, on inspection of the unbiased press, no problem, FDR had it, look what a great job he did on the economy and liberty.

Lets see how the Unbiased media react in the next few weeks. Had Bush said it the unbiased media would have freaked out. But, Obama is their baby, they birthed him, they changed his diaper when it got filled, they carry the water for him, they must back him on this… Else they fall victim of cognitive dissonance. So we can’t expect a righteous reaction from the unbiased media. After all, it would be biased, to not be biased. Just as, a State religion, of atheism, must be established, to protect the government from certain established religions.

I consider the reaction of the American people, to be a test, to see how well we have been inculcated in the practice of learned helplessness. If there is no reaction at all… well, all is lost. But if there is some reaction, then we can say that, not everyone has subscribed to the free antidepressants. Maybe there is a chance we can wrest the Elite from their throne and restore Constitutional government to the US. The Elite will say, resistance is futile… but resist we must, else we pass a world of weakness, worry and poverty to our children.


John Pepin