April 29, 2018
Too Big to Fail
Recognition of and concern with the growth of the bureaucratic state within the traditional tripartite framework our founding fathers established is examined in detail in two recent books. Joseph Postell's Bureaucracy in America and Paul Moreno's The Bureaucrat Kings follow upon the scholarly Is Administrative Law Unlawful? by Philip Hamburger. A reader would be hard pressed not to conclude that the executive-congressional-judicial system that is the foundation of our constitution now has illegitimate offspring, the administrative state, running the show.
The administrative state is governed by its own administrative law. It operates outside the constitutionally defined and guaranteed protections of the founding Constitution by which the government was to exist to protect the electorate's God-given natural rights. In this parallel political universe, there is no recourse to the...(Read Full Article)