August 21, 2014

The Rise of the Administrative State: Unelected, Undemocratic and Unaccountable

Comic book references are lost on me; nonetheless, The Sinestro Theory of the Administrative State by Ben Domenech is well worth reading .

First, the stunning graph from Pew showing the rising levels of distrust in government

 Trust-Distrust Amer Govt

On the whole, it presents a picture of how far the Administrative State is willing to blatantly ignore any checks on their ability to enact their whims.

The Founders believed that you can check that power with the mob, either democratic or anarchic, for only so long before government would turn to despotism. So their solution was to deliberately balance the forces of power against each other, to tie the governors’ hands via limited, enumerated powers of national government. The Constitution made the action of government – in nearly all areas outside of waging war – deliberately difficult, and that was on purpose. It was supposed to be hard to pass new laws, not because the Founders were opposed to new laws, but because they wanted to make it impossible for those laws to oppress the people.

What the Founders did not anticipate was the degree to which those invested by the Constitution with the power to make law would find it politically advantageous over the course of a century to steadily cede their power to unelected governmental bodies of vast size and with an ever-enlarged mission. Representative government, it turns out, is very difficult. Better and wiser to shift the responsibility for such decisions to someone else – to tell the frustrated citizen that it is beyond your control to address their concern, and isn’t there an agency for that? This new unchecked branch of government has seized the power it wants along the way: the power to reward friends and grant waivers and special privileges to people and firms who they like or who play by their rules, to abuse their power in the course of punishing those who they don’t, the power to live large and cover up mistakes without that difficult legislative process.
---
When bad things happen in the real world, heads roll. But in the world of the Administrative State, resignation is the worst possible thing you can demand of someone. So political appointees are given taxpayer funded vacations, cops who break the law are put on leave, and district attorneys who drive out-of-their-minds drunk demand they keep their job. Life in the bureaucracy is too sweet to lose, no matter what – and those who hold those positions know how good a deal they have and won’t give it up under any conditions.

Mark Steyn has the latest ludicrous example of the punitive bureaucracy

Demanding a CITES certificate for bagpipes is a burden upon free-born citizens. Restricting the paperwork's validity to only 28 ports of entry is an unduly onerous burden. Requiring the bagpipers to come back on the Wednesday to those 28 ports of entry because the inspector's washing her hair on the Tuesday is an even more onerous and insulting burden. And charging an American $476 to play his bagpipe in Montreal is a shakedown racket unacceptable in a free society. Tyranny starts at the edges and nibbles its way in. This bagpipe regime is tyrannous, but it will not stop there.

As I said before, where is "the party of small government" on this? When will they pipe up?

Or do bagpipers have to loot and riot to get any attention from anyone who matters?
Posted by Jill Fallon at August 21, 2014 1:36 PM | Permalink