Dear Friends,
It seems to me… the latest revelations of corruption in the bureaucracy, highlight why the administrative state is a perpetual threat to liberty. For a theoretical Administrative state to work, it must be an unbiased arbiter of the public good. That means it is blind to politics. A functional bureaucracy works in the public’s interest, not its own, a faction’s or an ideology… unless that ideology is the foundational ethos. It is not the right role of a bureaucracy to set policy because bureaucracy is not subject to oversight. It is a leviathan that grows, it never shrinks, it subsumes power, it never gives it up, and those within think themselves virtuous no matter how evil their actions. The worst kind of tyranny… one that thinks its oppression righteous, and so will not be limited by human sentiments.
The corruption cannot be denied, from the IRS silencing conservatives, to the FBI setting on crimes by democrats, while charging republicans for hoaxes. The bureaucracy has shown itself to be utterly worthless as an unbiased arbiter of the public good. How can people involved with a crime fairly investigate and punish themselves? The FBI is utterly corrupt top to bottom. How do we know this? Because of recently released texts where mid level FBI employees joked about needing insurance for their crimes, and that Trump was right, the FBI was corrupt. You don’t get any more damning than that. When even mid level investigators are knowingly involved. Even today, the executive branch bureaucracy refuses to follow Trump’s orders, showing how utterly unaccountable they are.
There was a Supreme Court ruling a few decades ago, empowering the bureaucracy to write laws, because the Legislative Branch had delegated that authority to it. The original lawsuit was about some regulation that the litigant claimed was unconstitutional, because the US Constitution only gave the authority to write laws, to the Legislative Branch with consent of the Executive. The Supreme Court found the Legislative branch had delegated that authority to the executive, so any law the bureaucracy now writes, is law. No need of the old cumbersome process, designed to slow the spread of oppressive laws, that was way too inefficient at achieving utopia. The Supreme Court ruled in favor of the administrative state… moving the progressive team’s ball another twenty yards down the field.
The answer then is for the Legislature to take back that delegated authority. It seems obvious that authority, delegated by the branch Constitutionally given that authority, should be able to claw it back if they want. The Supreme Court however stands in the way of returning to Constitutional rule. A return to Constitutionally limited government is out of the question for most members of the Supreme Court today. Only Thomas would embrace it the rest would shrink at the thought. Because they have been immersed in the ideology of progressivism. They were taught by progressive professors, most of their friends are progressives and the culture inculcates progressive ideals subconsciously. Like the man who lives in a sewer, he smells nothing, it is only people who don’t… that can.
The administrative state then, judging by the empirical evidence, has an inbuilt drive to become authoritarian and oppressive, because it is unaccountable. The evidence of absolute corruption in the bureaucracy today, is as undeniable as their political bias, showing unaccountability leads to corruption. Bureaucracy sees it’s role as a benevolent overlord of us ignorant, stupid and helpless masses… in true supremacist fashion. Proving that the administrative state needs to be reigned in. The only way to do that, is for the legislature to legislate it, and an executive who favors a return to constitutionally limited rule. The Supreme court will try to keep power in unaccountable unconstitutional hands, but the legislature and executive together, could restore some form of Constitutional rule. If we vote right.
Sincerely,
John Pepin