Monday, August 25, 2014

What's Better, Germany's 1933 Enabling Act or U.S. 1946 Administrative Procedure Act?

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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