Saturday, September 13, 2014

A Return to Absolute Power?

Via WRSA

Hamburger29-201x300

Few Americans spend much time thinking about the vagaries of administrative law—the rules and procedures our government uses in formulating and enforcing regulations—let alone its effects on our lives and liberties. Anyone warning of the imminent demise of Americans’ liberties is likely to be dismissed as a kook. Anyone claiming to find such dangers in the actions of fussy little bureaucrats toiling in the bowels of federal agencies most likely would be simply laughed at.

Philip Hamburger, a distinguished legal historian teaching at Columbia Law School, has no alarmist, overwrought story to tell. Nonetheless, his latest book is intended to spark reconsideration among lawyers, political scientists, and educated citizens about the effects of administrative law on American government and on Americans’ rights and liberties. His central point: Administrative law is—not tends toward, not encourages, but in itself is—a form of arbitrary power inconsistent with our traditions of ordered liberty.

12 comments:

  1. Reference Bill Wittle's analysis posted earlier on this very subject.

    ReplyDelete
    Replies
    1. Yes and just glanced at his most presidential appearance, boy do we need him!

      Delete
  2. I 2nd that motion! ;)

    ReplyDelete
  3. it wasn't what I expected:

    Why was that?

    ReplyDelete
  4. The dichotomy of that era - dancing in Motown while the real stuff was going down on the other side of the planet - didn't expect to see photos that reminded me of the latter, but well it should.

    ReplyDelete
  5. Hamburger is not wrong.

    ReplyDelete
  6. "Administrative law" is the tool used by unelected power brokers to nullify and sidestep the REAL law. As long as people who face no electorate and have the power of unions behind them are allowed to issue rules, regulations, decisions etc. that are not laws but can get you killed, imprisoned or bankrupted just as fast as laws freedom is simply NOT POSSIBLE.

    ReplyDelete
    Replies
    1. can get you killed, imprisoned or bankrupted just as fast

      Yup.

      Delete
  7. Yes and as long as we the people sit idol, pretending that the next "vote" the next "election" the next President the next Congress or who sits on what court bench can or will change ANYTHING for the better; The longer this nightmare totalitarian government will last and the worse it will devolve. The Russians used to say "We pretend to work and they pretend to pay us". But in America in the 21st century " We pretend to vote and they pretend to change governments" is our truth. This is now so entrenched and has gone on for so long, that voting our way out of this, and in fact any form of peaceful change have become imposable. Like our confederate ancestors did in the 1850's , we have reached the crossroads.

    ReplyDelete
    Replies
    1. voting our way out of this, and in fact any form of peaceful change have become imposable. Like our confederate ancestors did in the 1850's , we have reached the crossroads.

      Well said.

      Delete