Furthest Right

Leap Into Life (#22): Rise of the Administrative State

Our leaders become a lot more understandable once the voters come into frame. Politicians treat them as the intersection between insanity and stupidity, therefore manipulate them with simplistic visions of free stuff and national greatness. This is all the voters can understand.

We need look no further than to the average media commentary, which targets the top ten percent of voters. The conservatives target outrage, where the Leftists target self-pity, and the top pundits in both categories show an alarming ignorance of how government works (but they are are good at having opinions anyway).

Voters like things which are emotional or symbolic. If you are giving money to the poor, they get all dewey-eyed. If you are fighting an enemy of the state, they get energized. But absent that, the voters are busy with their lives and have almost zero understanding of policy, law, history, science, or civilization.

Consequently, they vote for stuff without having any idea how it will shake out, and only when they see the final result does the wailing and raging occur. Democracy means always having a scapegoat in the politicians, the vote, or the other side, so no one needs to do anything but complain.

For this reason many now are waking to the presence of the administrative state comprised of unelected bureaucrats who make rules that are derived from precedents set mostly in civil rights law. This is the basis of the state that forces diversity on your employer and other businesses.

The administrative state grew from the welfare state after initially being adopted to manage complex businesses prone to monopoly:

There is no question that the size and scope of the administrative state have grown over the last century. Today, scores of federal agencies issue thousands of regulations every year. The Code of Federal Regulations contains 242 volumes and more than 185,000 pages. That is four times as big as the U.S. Code of Laws passed by Congress, which contains fewer than 44,000 pages.

Congress created the first modern regulatory agency, the Interstate Commerce Commission (ICC), in 1887. As a 1977 Senate report put it, “for close to 100 years Congress chose to exercise the commerce power directly, without the aid of regulatory agencies…By 1887, Congress saw a need for delegating part of the task of regulating commerce.” The bipartisan, seven-member ICC adjudicated between railroads and shippers to regulate rates railroads could charge. In the decades that followed, Congress established a variety of agencies to regulate interstate trade, water and power, communications, commodity exchanges, and other areas of activity. These agencies were often outside of executive departments and structured to be somewhat independent of presidential control. Their members could only be dismissed “for cause” (“inefficiency, neglect of duty, or malfeasance in office”) in contrast to political appointees in executive departments who served “at the pleasure of the president.”

This interpretation was tested in the 1930s when the New Deal created numerous new regulatory agencies, including the National Labor Relations Board (NLRB) and the Securities and Exchange Commission (SEC) and increased the jurisdiction of existing agencies, such as by giving the Department of Labor jurisdiction over wages and work hours….After Roosevelt’s threat to “pack the court,” the Supreme Court began to approve New Deal programs and agencies, signaling that New Deal opponents’ “only remaining recourse was in Congress.”

It became essential as bureaucracy increased after civil rights law led to socialism in the form of entitlements for citizens:

As a practical matter, the modern state comes out of Franklin Roosevelt’s New Deal, which launched a large bureaucracy and empowered it with broad governing authority. Also, as a practical matter, the agencies comprising the bureaucracy reside within the executive branch of our national government, but their powers transcend the traditional boundaries of executive power to include both legislative and judicial functions, and these powers are often exercised in a manner that is largely independent of presidential control and altogether independent of political control.

But while the actual growth of the administrative state can be traced, for the most part, to the New Deal (and subsequent outgrowths of the New Deal like the Great Society), the New Deal merely served as the occasion for implementing the ideas of America’s Progressives, who had come a generation earlier. It is the origins of the modern state–and the constitutional implications of that change–upon which we will focus our attention.

In his New Freedom campaign for President in 1912, for instance, Wilson urged that the rigid, mechanical, “Newtonian” constitutionalism of the old liberalism be replaced by a “Darwinian” perspective, adjusting the Constitution as an organic entity to fit the ever-changing environment. Wilson also blamed separation-of-powers theory for what he believed to be the inflexibility of national government and its inability to handle the tasks required of it in the modern age.

Eventually, it entirely overruled the previous design of a Constitutional government by replacing it with an unelected bureaucracy:

For many Americans, the rise of the administrative state signaled the deterioration of the framers’ vision for American government. Gone are the days where the Legislative Branch primarily enacted laws, the Executive Branch enforced laws, and the Judicial Branch interpreted laws and adjudicated disputes. Today, the American form of government is an administrative state. Agencies possess legislative, executive, and judicial powers and wield those powers to administer critical government programs-often at the directive of the Executive Branch.

There is no doubt that the “growth of the administrative state can be traced, for the most part, to the New Deal,” but perhaps the New Deal “merely served as the occasion for implementing the ideas of America’s Progressives.”

In contrast to the framers’ design, the current administrative state grants all three powers — legislative, executive, and judicial — to administrative agencies and makes those agencies answerable to only the President. “Agencies typically have authority to make legally binding rules (which resembles the legislative power of Congress), to enforce statues and
administer programs (which is executive in nature), and to adjudicate disputes (which resembles the judicial power of the federal courts).”‘ This conglomeration of powers and lack of accountability is at odds with the framers’ carefully crafted branches of government. Many complain that administrative agencies “embody the evil of tyranny that separation of
powers was designed to avoid.”‘ The framers’ intended clashing does not occur when all three powers accumulate in one agency.

Without the Civil War and the 14A, the administrative state would never have become as powerful as it did, but its power was limited until FDR came up with the blank cheque justification of “ending poverty” through the New Deal, which created the basis of the Deep State.

The Deep State exists because government at this point mostly serves to cycle tax money between programs in order to drive up GDP so taxes can also rise. At this point, over three quarters of our budget goes toward anti-racism and anti-poverty programs.

Did this awaken the voters? Briefly, and then they flocked to the televisions and internet sites where the talking heads were busy distracting them with abortion, Jesus/Israel, phony outrage over Ukraine, wailing about LGBT+, defending anti-racism, and so on.

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