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The Tyranny Running In The Background

10 June 2014 @ 14:48

It’s called The Administrative State and it’s fuel is a toxic substance called ‘Regulation’.

In a recent post, Steven Hayward quoted from a 1994 essay by Gary Lawson a one paragraph explanation of this State and how it works, using the Federal Trade Commission as a typical example [tip of the fedora to Sdferr][re-paragraphed by me]:

The [Federal Trade] Commission promulgates substantive rules of conduct.

The Commission then considers whether to authorize investigations into whether the Commission’s rules have been violated.

If the Commission authorizes an investigation, the investigation is conducted by the Commission, which reports its findings to the Commission.

If the Commission thinks that the Commission’s findings warrant an enforcement action, the Commission issues a complaint. The Commission’s complaint that a Commission rule has been violated is then prosecuted by the Commission and adjudicated by the Commission.

This Commission adjudication can either take place before the full Commission or before a semi-autonomous Commission administrative law judge. If the Commission chooses to adjudicate before an administrative law judge rather than before the Commission and the decision is adverse to the Commission, the Commission can appeal to the Commission.

If the Commission ultimately finds a violation, then, and only then, the affected private party can appeal to an Article III court. But the agency decision, even before the bona fide Article III tribunal, possesses a very strong presumption of correctness on matters both of fact and of law.

While thanks to the Internet and the rise of the Rightosphere we are now enabled to see more of the part of government that is running in the background, hidden behind the bombast and pablum puking of our politicians, we still only have seen a very small amount of what the Bureaucracy is up to 24/7/12/365.

The vast majority of government activity at the national and state level takes place in this dim background, where it acts with impunity and where it, bit-by-bit, robs us of our Life, Liberty, Property, and Happiness.

It is a malevolent force that operates under a facade infused with Banality.

And it is Evil because it deprives the citizens of The American Republic of their Freedoms and Liberties without them having any real, meaningful say in the divestment of their Rights.

  1. 10 June 2014 @ 14:50 14:50

    Reblogged this on BLOGGING BAD w/Gunny G! ~ (Attn: "CLINGERS").

  2. 10 June 2014 @ 16:24 16:24

    Reblogged this on That Mr. G Guy's Blog.

  3. David R. Graham permalink
    10 June 2014 @ 21:36 21:36

    Yup, it’s the bureaucrats:

    My vote for the most anti/un-American of the bunch?: CIA. Black, beyond scrutiny. Shadow government, secret budget (larger than DoState’s), operates without USA grand national strategic goal and against the modes of statecraft … unchecked, unsupervised. JFK was not amused, paid for his lack of humor.

  4. PapaMAS permalink
    10 June 2014 @ 23:24 23:24

    One can take the view that politicians, who we elect to run the government, are only front men for the bureaucrats who ARE the government. Any serious action to reform the government has to include include term limits for both politicians and the bureaucrats, along with a limit on their number.

    • 10 June 2014 @ 23:48 23:48

      Have you ever seen the British shows Yes, Minister and Yes, Prime Minister?

      • PapaMAS permalink
        11 June 2014 @ 18:21 18:21

        Nah. Are you saying I should write shows for the BBC? Come on – who would believe that premise?

    • Adobe_Walls permalink
      13 June 2014 @ 15:26 15:26

      For bureaucrats “reform” demands decimation repeated ten days in a row

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