By Matthew Spalding – Today, the primary function of government is to regulate.
When Congress writes legislation, it uses very broad language that turns extensive power over to agencies, which are also given the authority of executing and often adjudicating violations of their regulations in particular cases. The result is that most of the actual decisions of lawmaking and public policy – decisions previously the constitutional responsibility of elected legislators – are delegated to bureaucrats whose “rules” have the full force and effect of laws passed by Congress.
The modern Congress is almost exclusively a supervisory body exercising limited oversight over administrative lawmakers.
If the development of the rule of law and constitutional government is the most significant accomplishment of the long history of human liberty, the greatest political revolution in the United States since the establishment of the Constitution has been the shift of power away from the lawmaking institutions of republican government to an oligarchy of experts who rule by regulation over virtually every aspect of our lives.
The result is an increasingly unbalanced structural relationship between what amounts to an executive–bureaucratic branch that can act with or without Congress to pursue common goals, and an ever-weakening legislative branch unable or unwilling to exercise its powers to check the executive or rein in a metastasizing bureaucracy. more> https://goo.gl/Jp3xRz
By David V Johnson – A state that, without due process, simply ignores the rights and obligations it has extended to that legal resident makes a serious breach of its moral authority and the rule of law.
