What do you do when you are bound to the Rule of Law or Constitution and are unable to get what you want while you reside within power? How will you
implement your ideas? Bureaucratic Rule and Regulation is how.
This is not new nor can it be said it began with President Obama, Senator Reid or Congresswomen Pelosi. This is not what this post is about. I urge
all that participate to utilize critical thinking when responding.
This has become common practice at the Federal level of Government. It is the practice of empowering bureaucracies such as the Department of
Education, the EPA, Department of Defense, Homeland Security, etc with the ability to make rules and regulations that subvert and sidestep the Rule of
In a recent post, I highlight this as one of the major players in bringing down the Rule of Law. Since Law, in its purest and most ideal form is
unbiased, it is applied to all equally. Now I know this is not always true as we can all see the atrocities throughout the United States of
America's history along with the rest of the world.
To combat those urges and bring about such unbiased Law, we established a multi-tiered system of implementing Law. Such a system was to help ensure
that Laws both served the purpose of the People and the State (Congress). Even though the People may have implemented such a Law, it was still under
the authority of the Executive to veto that Law and always under the scrutiny of the Judicial to ensure it does not infringe upon the State or the
Even with such a complex system of bringing about Law, we have seen that Man still finds a way to make bad Law. Luckily, for the most part, our
system has weeded out such Law throughout time, until these modern times.
Knowing the complex steps it takes to make Law or even better yet, change the Foundation of such Law by means of Constitutional amendment, the
Government has been on a path of Bureaucratic Rule.
Bureaucratic Rule is a means of sidestepping the Constitution and Law and allowing unelected, unaccountable and unfettered bureaucracies such as the
EPA, Department of Defense, Department of Homeland Security, Department of Education, and on and on, to establish rules not only for their own, but to
be applied to the People as well.
As highlighted in this column,
Coming: Gov't By Regulation
Instead of Law
, we can see how an bureaucratic agency will go to great lengths to institute policy, regulation and rules without addressing or
consulting the Law.
What allows the Rise of Bureaucratic Rule is the silence of Congress, the allowance of the Executive and the turning of a blind eye of the Justice.
This did not start with President Obama, nor will it end with him. It will end when we continue the pressure upon Public Officials to administer
their duties in accordance with the Constitution. If we want to regulate carbon dioxide, then let us pass a bill that implements such a law. If we
want to regulate how much money one makes, then let us make a law. This country cannot survive when Law is no longer the Rule of the Land.