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USA. Unlegislated Compulsion. How Agencies Threaten Your Rights and Liberties

July 6, 2013

The Constitution contemplates that our federal laws will be made by the people’s elected representatives in Congress. But Congress, with the unlawful acquiescence of the Supreme Court, has delegated large chunks of lawmaking authority to the executive agencies.

While agency-made law is a reality, it is an illegal one. The United States was founded as a republic of the people, by the people and for the people. The founders of this country established three (NOT FOUR) branches of government, the judiciary, the executive and the legislative. Only the legislature was given the power to create laws. The legislature does not have the authority to transfer or delegate the power of making laws to other entities or institutions or agencies.

In 1690, in his Second Treatise of Civil Government, John Locke wrote:

The Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they, who have it, cannot pass it over to others…And when the people have said, We will submit to rules, and be govern’d by Laws made by such Men, and in such Forms, no Body else can say other Men shall make Laws for them; nor can the people be bound by any Laws but such as are Enacted by those, whom they have Chosen, and Authorised to make Laws for them. The power of the Legislative being derived from the People by a positive voluntary Grant and Institution, can be no other, than what the positive Grant conveyed, which being only to make Laws, and not to make Legislators, the Legislative can have no power to transfer their Authority of making laws, and place it in other hands.

Under constitutional separation-of-powers provisions, laws are enacted by the legislature, administered by the executive and interpreted by the judiciary.

All too often, though, agencies lay down binding rules. There are several reasons for this. First, there is no accountability at the agency level. They are appointed, unelected officials that are beyond the power of the people. Second, agencies are used by the legislature to create policy that the legislature would not be able to pass. So the legislature passes a narrow rule or an ambiguous rule and lets the agency fill in the blanks so the elected officials do not have to put their name to policies and regulations that would never have passed. One of the main reasons there is so many laws and regulations today is because there are no ramification to the agency officials creating them or to the legislatures shirking their responsibility onto non-elected hires with no accountability. Lastly the fault goes to the courts who have failed miserably in their oath of preserving the constitution and protecting freedom.

The Courts: Our Bulwark against Agency Overreaching have failed the people miserably

Probably the main reason America has fallen from the grace that created it, is that the justices of the court stood down and allowed the rights of the people be overruled by the overreach of a power hungry executive and legislative branch in large part through an unelected unaccountable agency/regulatory process.

The courts have the power to protect citizens against the agency practice of attempting to impose unlegislated rules. The problem is either that the courts/justices are corrupt. The justices allow a personal or political bias to interfere with the rule of law. Or the justices simply do not understand or appreciate the damage to life, liberty and prosperity these unsupervised, out of control, unaccountable, non-elected agencies have unleashed on society. As the people’s protection relies heavily on having judges who will faithfully apply the law limiting unlawful and overreaching agency action, rather that judges who reflexively approve agency action regardless of their legality in order to support results they find congenial. Regardless of which flaw the court is afflicted with, it is no excuse for its utter dereliction of its duty and oath to protect and preserve the constitution and the natural and inalienable rights of man.

American courts may once have been a pillar of justice, now they exist somewhere between a circus, a nightmare and a joke.

As such, with no courts or justice to protect us, there will be a time where the people will have to stand up and protect themselves from the abuses being inflicted upon them by a lawless and overreaching government.

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