Monday, October 6, 2014

Administrative Law: Its Dangers, Counterpart to Socialism

Administrative law: the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.
Arbitrary: of power or a ruling body unrestrained and autocratic in the use of authority.

In a speech delivered in May of 2014 at Hillsdale College, Philip Hamburger stated in his speech and transcribed in PDF:
...Administrative law is commonly defended as a new sort of power, a product of the 19th and 20th centuries that developed to deal with the problems of modern society in all its complexity. From this perspective, the Framers of the Constitution could not have anticipated it and the Constitution could not have barred it. … It revives what used to be called a prerogative or absolute power, and it is thus something that the Constitution centrally prohibited. …
The Constitution authorizes three types of power, as we all learned in school – the legislative power is located in Congress, executive power is located in the president and his subordinates, and the judicial power is located in the courts. … But there are problems with the conventional history of administrative law. Rather than being a modern, post-constitutional American development, I argue that the rise of administrative law is essentially a re-emergence of the absolute power practiced by pre-modern kings. is a latter-day version of a recurring threat – a threat inherent in human nature and in the temptations of power. …
Conceptually, there were three central elements of this absolutism: extra-legal power, supra-legal power, and the consolidation of power. …
Early Americans were very familiar with absolute power. … It is no surprise, then, that the United States Constitution was framed to bar this sort of power. … In this way, over the past 120 years, American have reestablished the very sort of power that the Constitution most centrally forbade.
Administrative law is extra-legal in that it binds Americans not through law but through other mechanisms – not through statutes but through regulations – and not through the decisions of courts but through other adjudications. … It is therefore necessary to back to basics. … We should demand rule through law and rule under law. …
Rather than speak of administrative law, we should speak of administrative power – indeed, of absolute power or more concretely of extra-legal, supra-legal, and consolidated power. Then we at least can begin to recognize the danger.
After the New Deal, progressive socialists within the Democratic Party, moved on to bolder programs like the Great Society and as it further progressed, it has been more forthright upon their socialist ideology - at the same time denying they are socialists; just as RINOs in the Republican Party falsely call themselves 'moderate'. 
Socialism, the idea of it, based upon Marxism, promised peace and true equality. The following video investigates the history of socialism - growing faster than any religion, including Christianity:
Further Viewing:

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