1. Once one is committed to total government, one which is able to regulate every single aspect of citizen's existence, i.e., Progressive/Liberal/Democrat, they one must exercise their authority via statues, rules and regulation without end!
By the nature of this adventurism, regulation becomes restrictive, oppressive, damaging to lives and to the economy of the nation, and.....mindless.
The bureaucrats whose jobs are at stake need to show their work ethic, and their creativity by coming up with some way to regulate...regulate even when regulation is uncalled for.
2. Consider, by example, Title 42 of the US Code: Laws dealing with public health and welfare. U.S. Code Title 42 - THE PUBLIC HEALTH AND WELFARE US Law LII Legal Information Institute Today, this federal law is 1700 pages more than it was prior to the New Deal. The reason is the creation of more and more bureaus and agencies endowed with ever broader responsibilities and discretion in defining the rules that govern our activities and our lives.
And these rules have the full force of law!
Congress has increased the number of rules whose infractions are criminalized, waiving the common law requirement that one knows he is breaking the law. Today, one can be jailed for violating a regulation that one had no reason to know even existed!
a. While the officials in these agencies are generally good people, they become focused on their particular portfolio of duties, that, often, they cannot see the consequences on other parts of society. Put this together with human nature, and one can see bullying, and misuse of power, especially when these individuals are immune to penalty, and supported by free and extensive legal representation: they have sovereign immunity in their positions.
b. A remedy would be the ability of citizens to sue the federal government to protect their legitimate interests, for damages. While such a suit is currently unconstitutional, the Congress can waive sovereign immunity,
c. Such a congressional waiver would not only protect the citizenry, but would go far toward defining the limits of federal authority.
d. While not unconstitutional, regulation may be considered extra-constitutional. There may be some point where it is considered to be an unconstitutional delegation of legislative authority to an agency or bureau. Under Obamacare, or Dodd-Frank Reform we see legislation where regulators have not yet determined what the regulation should be…how can Congress allow a law without knowing what the impact will be?
From a speech by James L. Buckley spoke at the Heritage Foundation, on his book “Freedom at Risk: Reflections on Politics, Liberty, and the State,” broadcast on C-Span.
3. "Obama Imposed 75,000 Pages of New Regulations in 2014
Just in the last few weeks, the Obama administration has proposed or imposed over 1,200 new regulations on the American people that will add even more to thealready crushing $2 trillion per year cost burden of the federal regulatory machine. According to data compiled from the federal government’sRegulations.govwebsite by the Daily Caller, most of the new regulatory schemes involve energy and the environment — 139 during a mere two-week period in December, to be precise. In all, the Obama administration foisted more than 75,000 pages of regulations on the United States in 2014, costing over $200 billion, on the low end, if new proposed rules are taken into account..."
Obama Imposed 75 000 Pages of New Regulations in 2014
The result is a relationship between government and the people in which the original view of who works for whom has been reversed.
By the nature of this adventurism, regulation becomes restrictive, oppressive, damaging to lives and to the economy of the nation, and.....mindless.
The bureaucrats whose jobs are at stake need to show their work ethic, and their creativity by coming up with some way to regulate...regulate even when regulation is uncalled for.
2. Consider, by example, Title 42 of the US Code: Laws dealing with public health and welfare. U.S. Code Title 42 - THE PUBLIC HEALTH AND WELFARE US Law LII Legal Information Institute Today, this federal law is 1700 pages more than it was prior to the New Deal. The reason is the creation of more and more bureaus and agencies endowed with ever broader responsibilities and discretion in defining the rules that govern our activities and our lives.
And these rules have the full force of law!
Congress has increased the number of rules whose infractions are criminalized, waiving the common law requirement that one knows he is breaking the law. Today, one can be jailed for violating a regulation that one had no reason to know even existed!
a. While the officials in these agencies are generally good people, they become focused on their particular portfolio of duties, that, often, they cannot see the consequences on other parts of society. Put this together with human nature, and one can see bullying, and misuse of power, especially when these individuals are immune to penalty, and supported by free and extensive legal representation: they have sovereign immunity in their positions.
b. A remedy would be the ability of citizens to sue the federal government to protect their legitimate interests, for damages. While such a suit is currently unconstitutional, the Congress can waive sovereign immunity,
c. Such a congressional waiver would not only protect the citizenry, but would go far toward defining the limits of federal authority.
d. While not unconstitutional, regulation may be considered extra-constitutional. There may be some point where it is considered to be an unconstitutional delegation of legislative authority to an agency or bureau. Under Obamacare, or Dodd-Frank Reform we see legislation where regulators have not yet determined what the regulation should be…how can Congress allow a law without knowing what the impact will be?
From a speech by James L. Buckley spoke at the Heritage Foundation, on his book “Freedom at Risk: Reflections on Politics, Liberty, and the State,” broadcast on C-Span.
3. "Obama Imposed 75,000 Pages of New Regulations in 2014
Just in the last few weeks, the Obama administration has proposed or imposed over 1,200 new regulations on the American people that will add even more to thealready crushing $2 trillion per year cost burden of the federal regulatory machine. According to data compiled from the federal government’sRegulations.govwebsite by the Daily Caller, most of the new regulatory schemes involve energy and the environment — 139 during a mere two-week period in December, to be precise. In all, the Obama administration foisted more than 75,000 pages of regulations on the United States in 2014, costing over $200 billion, on the low end, if new proposed rules are taken into account..."
Obama Imposed 75 000 Pages of New Regulations in 2014
The result is a relationship between government and the people in which the original view of who works for whom has been reversed.