10 May 2010

Call To Curtail The Administrative State

POSTELL: Constitution in decline

It's time to reform our administrative state. House Speaker Nancy Pelosi was right when she said Congress would have to "pass the health care bill so you can find out what's in it." That's because the health care bill, like most major laws passed by Congress over the past hundred years, isn't really a law.

Rather, Obamacare is a series of assignments to bureaucrats in the Department of Health and Human Services. It is emblematic of what scholars call the administrative state, where legislative, executive and judicial powers are delegated to unaccountable experts sequestered in a fourth branch of government.

The question is not necessarily how to make government smaller, but how to get it back under popular control and accountability.

We must devise a strategy to: bar Congress from delegating legislative power to agencies, eliminate the consolidation of all three powers in these agencies and make these agencies accountable to the people.

Such reforms would ensure that the only burdens we suffer are those we impose upon ourselves, with a government over which we, the people, finally have regained control.

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