The Mighty Gorsuch vs. the Administrative
State: Quotes from West Virginia vs. EPA
Brownstone Institute,
by
Jeffrey A. Tucker
Original Article
Posted By: Judy W.,
7/2/2022 9:00:56 AM
The power of the administrative state to destroy liberty and property – to blast through legislation, science, and judicial oversight – was never more on display than in the last two and a half years. One would hope that the deep bureaucracies would have learned their lessons on how not to respond to a new pathogen. There is no evidence they have.
Regardless, the real problem is much deeper. It has to do with the status of the administrative state as the effective governing apparatus of the US. It’s not Congress and not the President. It’s the vast and permanent bureaucracy of 432 agencies and 2.9M bureaucrats who are unreachable
Reply 1 - Posted by:
Mushroom 7/2/2022 9:18:31 AM (No. 1204109)
The administrative state is why, in my opinion, term limits will not work. The Congress is useless for it's elected purpose because they have given it all away to the second tier of unaccountable ,many times patronaged, professional bureaucrats serving only selective interests.
10 people like this.
Continuing the fight that his own mother patriotically began as the EPA Administrator under Reagan. Mom would be proud. (And just wait until the libs make THAT connection!)
10 people like this.
I'd heard that Kagan's statement was that the court lacks the expertise to implement climate policy.
This is what's known as being willfully obtuse. She knew the issue was not climate change, but laws created by unaccountable bureaucrats. And she pointedly did not want to make a statement on that.
20 people like this.
Reply 4 - Posted by:
sanspeur 7/2/2022 10:20:26 AM (No. 1204180)
really astonishing read ! so much we ignore / just forget about the filthy swamp , to see it in print makes one realize again how far US has fallen under our dirty , snotty goobers-in-mint . a monkey , donkey and ugly pox upon them all
6 people like this.
Reply 5 - Posted by:
Talk2 7/2/2022 10:21:33 AM (No. 1204184)
Let us get to the sad truth about civil servants. They are not called "feather merchants" for no reason for they have been feathering their own nests for generations. Once they got their unions and believed they could not be fired the administrative state began in earnest. I worked with hundreds of wage grade civil servants and found them mostly hard working and ethical. GS and SES employees are a totally different story. I've known many who would sell their own Mothers much less the country to build their own little empires. It works like this -- GS develops rules and regulations for others to follow. That requires someone to write, review, implement, and track compliance. Do you see how that means MORE employees in GS's office? More employees means more work for GS and that means GS must have a higher grade level. If GS moves up a grade or two many below him must also move up which means they now need more people to write, review, implement, and track the rules they dream up to keep busy and so it goes and goes and goes. Pretty soon GS moves up to SES and must have more feathers in his nest. It's a self perpetuating monster that grows and grows and grows. Call it administrative state or deep state, it's all the same, bad for this country and hard on taxpayers.
13 people like this.
Reply 6 - Posted by:
2assume 7/2/2022 10:30:39 AM (No. 1204197)
Stop letting W.H.O. decide what’s good for us. Stop letting the department of health make law. ((Fauci) Stop unions from controlling us. (teachers and others)). In fact I think we should not allow unions to be allowed to be in government service. Stop letting companies donate to political partys. It makes the person of the party beholden. Just when did we start allowing contributions from foreign entities. And for Gods sake we need tort reform to stop law fare.
9 people like this.
Reply 7 - Posted by:
MickTurn 7/2/2022 10:33:36 AM (No. 1204204)
The Solution is to make all Bureaucrats personally responsible for their Decisions and bad effects of their mandates.
6 people like this.
Reply 8 - Posted by:
Scribelus 7/2/2022 11:03:20 AM (No. 1204244)
Congress broke it, so only it can fix it. But a Congressman’s first job is to be re-elected. All else is incidental. So the problem that is the administrative state (AS) is incidental. So the AS is forever unless the Supreme Court finds that it is somehow unconstitutional. So the Congress fixes that by codifying the AS, a most convenient administrative solution. Ain’t America great?
5 people like this.
Reply 9 - Posted by:
Starboard_side 7/2/2022 11:23:22 AM (No. 1204263)
Considering much of what they've done has not been based on Congress' direction and authority, shouldn't it all be undone now?
.
9 people like this.
Reply 10 - Posted by:
MDConservative 7/2/2022 12:44:51 PM (No. 1204339)
FTA: In Wilson’s eyes, the mass of the people were “selfish, ignorant, timid, stubborn, or foolish.”
Does anyone want to argue this? Politicians hate opposition. Posters here regularly label certain politicians similarly- idiots, morons and worse. Conflict is the core of democracy. “Unity” is totalitarianism.
5 people like this.
Reply 11 - Posted by:
DVC 7/2/2022 1:20:21 PM (No. 1204382)
This should be a Must Read.
This ruling begins to disable and cripple the out of control administrative state, what has been called The Deep State.
I mentioned a few days before this ruling came out that "I hope I am not reading too much into what this could be".....and now I can say, that I did not. This is EPIC and it will be the basis for crushing a LOT of adminstrative overreaching by our out of control, unelected, unaccountable bureaucracies.
I sent an article on WVa v. EPA to a millenial friend, and he commented that "...the more educated wing of the limited-government crowd has for years been bitching that regulations are not voted on by anybody yet are enforced as law." Even some of the younger folks see that this is an important decision.
7 people like this.
Reply 12 - Posted by:
gramma b 7/2/2022 2:17:00 PM (No. 1204423)
I practiced law in Utah while Gorsuch was on the Tenth Circuit. His opinions were often a joy to read. Hard hitting and sometimes very funny.
3 people like this.
Reply 13 - Posted by:
WV.Hillbilly 7/2/2022 2:28:32 PM (No. 1204436)
"pen-and-phone regulations"
A direct poke in the eye to Obama.
4 people like this.
Reply 14 - Posted by:
czechlist 7/2/2022 3:17:46 PM (No. 1204483)
the first step is the REINS Act.
encourage your repsto support it
0 people like this.
Below, you will find ...
Most Recent Articles posted by "Judy W."
and
Most Active Articles (last 48 hours)
Comments:
This is wonderful! It's mostly excerpts from Gorsuch's concurrence with the ruling about the EPA. He extensively quotes the Founders and others and clearly explains that our government is not meant to be run by unaccountable "experts" but by the people through our elected officials. The quote from Woodrow Wilson is illuminating in recounting how we got to the point we are now, and shows up Wilson for the rotten elitist he was.