The Administrative State

The essential idea for the Constitution was to maximize individual liberty. It did this by enumerating a few specific limited powers to the federal government, leaving all others to the states and to the individuals. Also, fearing a government with too much power, the Constitution litterally separated those enumerated federal powers of making laws (legislative power), administering (executive power), and deciding if laws were propperly followed (judicial powers). The essential idea was for individuals to rule themselves instead of being ruled by a king or other authority.

These fundamental Constitutional principals began to erode during the early 20th century with the rise of 'scientific management' to increase efficiency and effectiveness and development of the Administrative State. “Chevron deference” referrs to the doctrine of judicial deference given to administrative action. The Chevron doctrine said that, if Congress has not directly addressed the question at the center of a legal dispute, then a court was required to uphold the agency’s interpretation of the statute, thus giving more power to government.

"... the ideas that gave rise to what is today called "the administrative state" are fundamentally at odds with those that gave rise to our Constitution. 

The rise of the administrative state that is such an integral feature of modern liberalism thus required the defeat of the separation of powers as a governing principle, at least as it was originally understood, and its replacement by a system that allows delegations of power, combination of functions, and the insulation of administration from the full measure of political and legal control.

The executive agencies, in other words, are no longer confined to carrying out specific rules enacted by Congress, but are often left to themselves to determine the rules before seeing to their enforcement.

The agency, on the basis of its expertise, and not Congress, on the basis of its electoral connection, is charged with determining the specific policy that best serves the "public interest." 

 "the destruction of this principle of separation of powers is perhaps the crowning jewel of the modern administrative revolution. Administrative agencies routinely combine all three governmental functions in the same body, and even in the same people within that body." His example here is the Federal Trade Commission (FTC)

(Emphasis added. Click here for more)

In short, the Administrative State should make and adjudicate policy, not just efficiently execute policy.

Effectively, the Administrative State has become a seperate branch of government combining the powers of all the other three branches. Some call it The Deep State. It has increasingly made the Constitution irrelevant; become divorced from any accountability to We, the People and represents a clear danger to individual liberty .

Is fascism rising again? The cooperation between government and private enterprise as well as Non-Government Organizations (NGO) accellerates. Such arrangements are often called Private-Public Partnerships (PPP). Between 2013 and 2022, 15 nonprofits each received over $1 billion from the federal government for foreign, nonmilitary projects. "We have seen, through the Twitter Files, social media corporations broke the law during the Pandemic and displayed a willingness to collaborate with government agencies to censor and suppress disfavoured views." (see much more here)

This is not just a problem in the US. (See here, here and here for examples)

Fortunately, awareness and resistance grows.

The Chevron deference decision was recently reversed.

"[President] Trump’s EO 13957 was a dagger aimed directly at the heart of the beast. It might have worked...  The action was stopped dead due to the election results." ... "With Executive Order 12003 (“Protecting the Federal Workforce”), Biden saved the deep state’s bacon..." (see here)

Related:

You Can’t Defend ‘Democracy’ and the Administrative State
"...the Intelligence Branch operates with unilateral authority above Congress (legislative branch), above the White House (executive branch), and even above the court system (judicial branch)." ( click here for more)

"That is the power of unelected bureaucrats.They can bring down entire administrations, groom presidents, and even get people elected…Unfortunately today, we see much of the same." (source)

The CIA has been managing regime change the world over for a very long time. (See 'Operation Mockingbird' here) Is it now directly involved in U.S. politics at the most intimate level? Has the Deep State actually removed US Presidents?
The FBI and CIA Are Enemies of the American People

The Constitution can be amended. Click here for more.
The Constitution can also be ignored / nullified / re-interpreted :
Continue with Part 2 - Transition to Democracy here.
Continue with Part 3 - Transition to The Administrtive (Deep) State here.

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