The biggest threat to a republic is centralized
power. Washington D.C. has been on that
quest since its inception. The Supreme
Court, under Marbury v. Madison, granted itself judicial review. Nowhere in the Constitution do these powers
exist. They just took it and no one
challenged them. Gradually, the federal
courts used precedent over principles to dictate policy and stomp on States’
self-determination.
If that’s not bad enough, Congress delegated its constitutionally
mandated power to legislate. The 1946
Administrative Procedure Act consolidated regulatory agencies under the
executive branch. This law granted unelected
and unaccountable bureaucrats rule making and adjudicating powers. Under an unprincipled and contemptuous
president, such as Barack Obama, these agencies have been used to bypass the
legislative process; not to mention violate the principles of separation of
powers.
Here is how
President Obama has handled the regulation state during his tenure:
The
analysis by the Administrative Conference of the United States (ACUS), an
independent federal agency that monitors the government’s rule-making process,
found that regulatory delays at OIRA spiked in 2012 as the administration put
controversial rules on hold until after the election.
But the same can’t
be said this time around with the congressional midterms approaching in
November, observers say.
“I don’t think the
Obama administration is willfully delaying regulations right now — at least not
for the benefit of members of Congress running in November,” said Sam Batkins,
regulatory director at the conservative American Action Forum.
OIRA is currently
reviewing 24 rules and has already completed reviews of another 70 rules,
putting the agency on pace to cycle through close to 125 rules by the end of
the year.
Some say the tempo
of regulations points to a schism between President Obama, who is focused on
carving his legacy in Washington before his term expires in two years, and
congressional Democrats, who are consumed with keeping control of the
Senate.
“There is
certainly a cost from President Obama’s point of view to slowing down the
amount of regulations,” said James Gattuso, who studies regulations at the
conservative Heritage Foundation. “I don’t see any reason why he would want to
do that.”
Shapiro, the
former OIRA official, suggested President Obama has “less incentive” to protect
Senate Democrats this time around than he had to protect himself during the
2012 campaign.
That’s
because Obama doesn’t need Congress to push through his agenda. He has federal bureaucracies to do his dirty
work.
The
1946 Administrative Procedure Act was created to ensure a 4th branch
of government didn’t exist. But putting
it under the executive branch ensures dictatorial powers. I’m reminded of Germany’s Enabling Act of
1933. Hitler praised this legislation:
Just
before the vote, Hitler made a speech to the Reichstag in which he pledged to
use restraint.
"The government will make use of these powers only insofar as
they are essential for carrying out vitally necessary measures...The number of
cases in which an internal necessity exists for having recourse to such a law
is in itself a limited one." - Hitler told the Reichstag.
He also promised an end to unemployment and pledged to promote
peace with France, Great Britain and the Soviet Union. But in order to do all
this, Hitler said, he first needed the Enabling Act.
A two thirds majority was needed, since the law would actually
alter the German constitution. Hitler needed 31 non-Nazi votes to pass it. He
got those votes from the Center Party after making a false promise to restore
some basic rights already taken away by decree.
However, one man arose amid the overwhelming might. Otto Wells,
leader of the Social Democrats stood up and spoke quietly to Hitler.
"We German Social Democrats pledge ourselves solemnly in this
historic hour to the principles of humanity and justice, of freedom and
socialism. No enabling act can give you power to destroy ideas which are
eternal and indestructible."
This enraged Hitler and he jumped up to respond.
"You are no longer needed! - The star of Germany will rise
and yours will sink! Your death knell has sounded!"
The vote was taken - 441 for, only 84, the Social Democrats,
against. The Nazis leapt to their feet clapping, stamping and shouting, then
broke into the Nazi anthem, the Hörst Wessel song.
They achieved what Hitler had wanted for years - to tear down the
German Democratic Republic legally and end democracy, thus paving the way for a
complete Nazi takeover of Germany.
Let’s
see, Germany's Enabling Act or our 1946 Administrative Procedure Act. How does that song go? Potato…potato…
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