Representative Democracy vs Bureaucracy

The Constitution of the United States did not establish a government by, for, and of, bureaucrats.

In my earlier piece on judicial activism (Representative Democracy vs Judicial Dictate) I mentioned two great breakdowns in our Constitutional system.  I then discussed what I considered to be the first of those breakdowns.

The second is related to, and perhaps even more pernicious (it is certainly a more bipartisan fault) than legislating from the bench.

I speak of Federal Regulations which carry the weight of law and are enforceable as such.

Congress has allowed their exclusive Constitutional power to legislate to be encroached upon by the Executive.  Whether through laziness or fear of political consequences for unpopular regulation, the Congress has allowed, and in some cases directed, the Executive and Executive agencies to perform a function which the Congress is specifically charged under the Constitution.

This has, predictably, led to an explosion of regulations which carry the force of law, and which are meddlesome burdens on the Public.

It needs not only to stop, but to be overthrown.

A case in point:


Obama Forcing Private Companies to Have Board Votes on Illegal Policy

By Selton Motley | BigGovernment

Behold Obama’s Securities and Exchange Commission (SEC).  Which last week handed down from on-high a mandate that telecommunications companies AT&T, Verizon and Sprint MUST have Board votes on Network Neutrality.

SEC to Telcos: Yes, Net Neutrality is a Significant Policy Issue

The problem for Obama’s SEC is – Net Neutrality isn’t even a LEGAL policy issue.  Because Congress has never passed a law making Net Neutrality actual policy.

The federal government – via the Federal Communications Commission (FCC) – first tried to unilaterally impose Net Neutrality in 2008.  And the D.C. Circuit Court in April 2010 unanimously threw the government out on its ear.

Because the FCC “has failed to tie its assertion” of regulatory authority to an actual law enacted by Congress, the agency does not have the power to regulate an Internet provider’s network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit.

Tuesday’s decision could doom one of the signature initiatives of FCC Chairman Julius Genachowski, a Democrat. Last October, Genachowski announced plans to begin drafting a formal set of Net neutrality rules–even though Congress has not given the agency permission to do so.

But it didn’t doom Genachowski and Obama’s illegal Net Neutrality intentions.  It didn’t even daunt them.  Just eight months after this stinging rebuke, Obama’s FCC went ahead and illegally jammed through Net Neutrality anyway.

They did so despite the D.C. Circuit Court’s unanimous ruling.  And they did so despite the fact that more than 300 members of the then still-Democrat-Majority Congress – the body charged with giving the FCC Net Neutrality authority – were for months in advance telling them not to.


The Constitution makes no such grant of power to the President nor those who take their Executive power from the President.  Congress is not empowered to delegate their legislative powers to anyone.  This contra-Constitutional practice needs to end, and the existing body of regulation needs to be expunged until Congress can be bothered to actually legislate the matters, and then stand accountable for having done so (or for having failed to do so).


Hat Tip: +Leslie P on Google +

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