Without roots that go deep into the ideological foundations of the American republic, no President and no candidate for President can be trusted to achieve the difficult task of restoring the republic and American greatness. We live in an age of superficial political understanding of liberty and the Constitutional safeguards designed by the founding fathers to protect it. Bit by bit from the 1930’s to the present, the limited federal republic that was the world’s best means to defend individual liberty has been replaced by a bureaucratic oligarchy that is among the greatest bastions of tyranny. The first order of business for any elected official sincerely committed to liberty and the Constitution is a dismantlement of the regulatory state in favor of a return to governance by the constitutional branches. Until the people’s elected representatives once again become the exclusive province for law making and the Article III courts the exclusive province for adjudication, the union of legislative, executive, and judicial in the single hands of the unelected heads of some 250 agencies will ensure perpetuation of raw will over justice, destruction of liberty, and deprivation of property.
Over three quarters of all federal law is today not the product of those we elect to office but, rather, the product of the unelected heads of the bureaucratic agencies. Those unelected officials often possess at least two, and commonly all three, powers that the founding generation demanded be kept separate lest tyranny arise: legislative, executive, and judicial power. So it is that an agency head who authorizes the creation of a rule, approves enforcement of it against a party, and then ends up serving as the final agency judge of its alleged violation. In this way the prosecutor is also the judge; there is no justice in such a system devoid of separation of powers. Agency law is frequently expeditious, bends over backwards to allow the government ample discovery and procedural opportunities to fill the record with all manner of irrelevancies, especially those that cast aspersion on the reputation of the accused, and correspondingly limits self-defense opportunities for the accused.
Federal case precedent is replete with instance after instance of abuse of agency power, more often than not condoned under deferential judicial review standards rather than struck down. The cumulative effect of liberal allowance of administrative adjudication is a suffocation of free will, an expansion of administrative fiat in those areas where there is no demonstrable harm, and a rise in industry capture (where agency heads choose winners and losers with an eye toward securing lucrative post-government employment).
Abuse of power, arbitrary will, and corruption often become inextricably intertwined. They are the very definition of oppressive government. Designed to form barriers against just such oppression, our Constitutional doctrines designed to prevent the rise of tyranny have been interpreted out of existence to allow the formation and expansion of administrative law for over eighty years. Countless jobs, products, and areas of productive endeavor have been foreclosed by aggressive expansion of the administrative state. Those harmed have had very little recourse. Economic liberty has been afforded only rational basis protection in the courts, meaning that if an agency can articulate a rational explanation for its regulation that will suffice regardless of the economic devastation effected by the rule.
If we are to restore liberty, restore the republic, and regain economic greatness in this country we must first dismantle the regulatory state, eliminate the barriers to market entry and invention, and defend individual liberty as the central purpose of constitutional jurisprudence. No candidate committed to anything less than this ought to receive our full support.
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© 2015 Jonathan W. Emord - All Rights Reserved
Jonathan W. Emord is an attorney who practices constitutional and administrative law before the federal courts and agencies. Ron Paul calls Jonathan “a hero of the health freedom revolution” and says “all freedom-loving Americans are in [his] debt . . . for his courtroom [victories] on behalf of health freedom.” He has defeated the FDA in federal court a remarkable eight times, seven on First Amendment grounds, and is the author of the Amazon bestsellers The Rise of Tyranny, Global Censorship of Health Information, and Restore the Republic. He is the American Justice columnist for U.S.A. Today Magazine and joins Robert Scott Bell weekly for “Jonathan Emord’s Sacred Fire of Liberty,” an hour long radio program on government threats to individual liberty. For more info visit Emord.com, join the Emord FDA/FTC Law Group on Linkedin, and follow Jonathan on twitter (@jonathanwemord).
roots that go deep into the ideological foundations of the American
republic, no President and no candidate for President can be trusted
to achieve the difficult task of restoring the republic and American