Decoding the Tyranny of the Administrative State

Professor of Law Philip Hamburger of Columbia University has been campaigning for years to measure, define and condemn the growth of a powerful administrative state in America.

Professor Hamburger, Friedman Professor of Constitutional Law at Columbia, caught my attention with a short monographic book, The Administrative Threat, that summarized the points of his erudite 650-page 2014 book, Is the Administrative State Unlawful? The short book is a great summary but the long book is magisterial and explains why the political geniuses of the American Founding wrote a Constitution that intentionally hobbled the power of the executive branch and created competing branches to distribute power and prevent tyrannical grasping of power by any branch, along with a federal plan to distribute power to the states.

He writes about administrative state growth and abuses that had emanated from that growth of a regulatory state.

Hamburger's longer book, Is Administrative Law Unlawful?, provides a longer and more thorough going review of the main tenets of Hamburger's thesis: that the legislative and judicial powers and authority exercised by agencies and officials of the executive branch are clearly a usurpation of the powers of the other branches - and clearly illegal and unconstitutional.

Executive Branch agencies and authority are restricted to enforcement of the law, but now agencies make law and regulations and determine compliance and assess punishment for non-compliance after making judgments that citizens have committed violations in administrative proceedings.

Government agency actions and activities enforce and impose unconstitutional diktats created by executive agencies and not the Congress;.

Federal agencies have recruited with incentives private entities and educational institutions to act as agents enforcing agency policy;.

https://www.americanthinker.com/articles/2022/01/decoding_the_tyranny_of_the_administrative_state_.html