Administrative State – The Fourth Branch of Government

Attention!

Administrative State – The Fourth Branch of Government

By Sam Frescoe, Veteran’s Recall

samfrescoe@gmail.com

http://veterans-recall.blogspot.com/

The administrative state is now the fourth branch of the Federal government. The Constitution outlines a framework of government based on the separation of powers among three branches: Executive, Legislative, and Judicial. Additionally, those three branches have the ability to check and balance each other. The administrative state represents a movement away from the original framework by concentrating executive, legislative, and judicial powers within a single executive agency.

The nature of an administrative state is in conflict with the nature of the Constitution. The Constitution is designed to operate in the open for all to see. The administrative state is designed to operate behind closed doors – out of sight, out of mind – until presented. The key political advantage of the administrative state is legislative anonymity. When unpopular decisions are enacted it’s always someone else’s fault. Say, the President of a Cabinet member.

I say it’s time to cut some fresh wood. The ability of the Executive to promulgate, execute, and enforce rules, regulations and directives upon the States or the People must be abolished.

Trimming the tree

I present two proposals.

For new rules, regulations, and directives, the Executive branch may propose rules, regulations, and directives, to include all supporting research information, to the Congress. The Congress must approve and implement proposed rules, regulations, and directives not before the start of the next following legislative session. To that end, the Senate (the States rights) shall have the sole power to endorse the proposed rules, regulations, and directives; whereas, the House (the People’s rights) shall have sole authority to implement the rules, regulations, and directives approved by the Senate. If either Chamber declines for any reason, then the proposed rules, regulations, and directives are immediately null and void in their entirety.

For existing rules, regulations, and directives, the Executive may petition the Congress, no less than every two years, in writing, in a rule-by-rule manner, for permission to continue enforcement of those rules, regulations, and directives listed before the Congress. The Congress must mutually agree to accept continued enforcement of those rules, regulations, and directives listed before the Congress no later than the start of the next following legislative session. If either Chamber declines for any reason, then the proposed rules, regulations, and directives are immediately null and void in their entirety.

The intent of each proposal is to subordinate the power of the Executive to the States and the People, place the entire process in the open for all to observe, and allow the States and the People to check and balance each other. The States must agree to enforce, and the People must agree to the enforcement. If for any reason there is disagreement, then the matter is immediately resolved to the favor of securing liberty for the People.

I am not trying to show that rules, regulations, and directives are inherently un-Constitutional. I am trying to show that the administrative state is inherently un-Constitutional.

Going Forward

The solution is simple, but the path is hard. The solution is to abolish what is closed-off in favor of what is opened-up where individual liberty holds the default position over collective suppression. The path is a personal embodiment of the belief that the American People are best able to manage their own affairs without an unwanted force of government.

The American way, defined by faith, honor, and personal responsibility, is the best way without exception.

Your View

I invite you to tell me what you believe at samfrescoe@gmail.com. I am looking forward to addressing your comments and furthering our American discourse. Thank you. – Sam Frescoe