Many of us, at one time or another, have seen the truth of the adage: You can't fight City Hall. And, too many of our fellow citizens ave learned the hard way that fighting abuse of power by some federal bureaucrats is even worse than trying to fight City Hall.
Judge Andrew Napolitano is famous for asking the question: Does the government work for us, or do we work for the government?
Jim quite rightly assigns much of the blame to the Administrative Procedure Act. However, the effects of the APA are greatly enhanced by many subsequent acts of Congress (and even some Executive
Decrees Orders that have given too many Federal agencies too much discretion to do too many inadequately specified things. Congress tends to assign to agencies the tasks of implementing ill thought-out legislation with such language as “taking such other actions and adopting such other regulations as the Administrator may deem appropriate.” The mass of HHS ObamaCare regulations continues to become greater, already reaching, I understand, ten thousand pages. The Internal Revenue Service has been charged with implementing much of ObamaCare not to be implemented directly by HHS. Binding IRS interpretations of IRS regulations will follow as those regulations are adopted and implemented.
I offered a small example of the nature of the beast in an article about The Safe Teen and Novice Driver Uniform Protection Act. If enacted (it died in committee) it would have authorized
Any other requirement adopted by the Secretary of Transportation, including learner’s permit holding period at least 6 months; intermediate stage at least 6 months; at least 30 hours behind-the-wheel, supervised driving by licensed driver 21 years of age or older; automatic delay of full licensure if permit holder commits an offense, such as DWI, misrepresentation of true age, reckless driving, unbelted driving, speeding, or other violations as determined by the Secretary. (Emphasis added)When I practiced communications law in Washington, I was often involved in Federal Communications Commission cases before the Court of Appeals for the D.C. Circuit, charged by statute with hearing appeals from most FCC rulings. That court, which I still regard as one of the best in the nation, had no choice but to defer to findings of fact by “experts” at the FCC as well as to the expansive but inadequately defined authority granted to them by legislation.
Occasionally, I glance at Yahoo News to learn what's happening outside the sadly lunatic world of politics. There was recently an article titled Why is there so much poop in swimming pools? Swimming pools were not intended to serve as toilets or septic tanks but it seems that too many do. It strikes me that our Federal Government has promoted more growth of dangerous bacteria that dine upon our freedoms than all swimming pools have become infested with “E. Coli, the bacteria most commonly associated with fecal matter.”
We've come a long way baby, and it's getting pretty dark and scary. Shouldn't we stop going “forward” and head on home?