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The Danger of the Regulatory State
Matthew Spalding, Ph.D.,writing for the Heritage Foundation says this:
“The greatest political revolution since the American Founding has been the shift of power away from the institutions of constitutional government to an oligarchy of unelected experts. They rule over virtually every aspect of our daily lives, ostensibly in the name of the American people but in actuality by the claimed authority of science, policy expertise, and administrative efficiency.”
Spalding here references a recent poll by saying:
“A recent Rasmussen survey found that 75 percent of Americans are angry about the policies of the expanding federal government, 71 percent view the government as an interest group, and 61 percent believe the government does not represent the consent of the governed.”
Here are some statistics published by Iain Murray of- “The Nation Review”:
1) The Federal Register contains 81,405 pages
2) The compliance costs of regulations in America are $1.75 trillion according to a study done by the Small Business Administration.
3) Regulatory costs exceed the projected budget deficit for FY2011 which is $1.48 trillion
4) In 2010 federal agencies have created 3,573 new rules, while Congress only enacted a relatively few 217 new laws.
5) In 2010 the hidden cost of regulations exceeded 50% of federal spending
6) Regulatory costs represent about 12% of Americas GDP in 2010
Regulatory agencies have undermined the separation of powers and representative government by usurping powers from all three branches of government handed them over to a group of unelected and unaccountable bureaucrats. Madison stated that the exercising of power from all three branches of government to be, “the very definition of tyranny” in Federalist #47.
Laws that fail to get legislative support are now enacted via regulatory agencies making our representatives votes meaningless. Law makers are well aware of what the threat of imposing regulations does to business. The President and Congress can now use the threat of a regulatory takeover as a means to pressure the opposition to pass their proposed legislation. Both the president and Barbara Boxer have both threatened to empower the EPA to impose draconian measures on the economy if their environmental initiates were to fail to pass in Congress. Another words either you vote with me or I’ll do it my way! When Barbara Boxer addressed her opposition in the Senate she sounded more like queen correcting some clumsy subjects than a representative of the people! What do you think?
The effort by the Obama administration to bypass Congress and enact cap and trade type regulations by administrative fiat is a good example of making our votes meaningless. The 2007 US Supreme Court decision to allow the EPA to regulate greenhouse gases opened the door for the administration to implement Cap and Trade by administrative fiat. Since then the EPA has been busy enacting job killing regulations on cars, trucks and now I understand cow flatulence also! Basically anything that emits CO2- People included. This regulatory push occurring in the midst of a nearly 10% unemployment!
When the rule of law is replaced with regulations it creates an environment conducive to corruption. The more complicated and lengthy the regulation is, the more power that is given over to the regulatory agency and the government. Obamacare is a prime example, where waivers can be issued to political allies for vague reasons given at the discretion of regulatory agency in charge; a disproportional amount of waivers given to the president’s big Union allies being a classic example.
End of life counseling provision in Obamacare was left out of the final bill by the Senate amid much protest and fear of the rationing of healthcare to the elderly. A few months ago they regulated in back into Medicare during annual wellness visits. The regulating agency was cautioned not to draw attention to this because it might not be noticed. So much for the president’s new transparency initiative!
The Time for Choosing
American’s have traditionally hated bureaucracy but of late have allowed the government to take on duties not prescribed by the Constitution. If we wish to remain a free people we must take charge of ourselves and regardless of noble intentions must refuse to empower government to take our own rightful responsibilities. We are now in the crossroads do we want to participate in the great American experiment of self- rule or do we want to be ruled by those who believe themselves to be our bettors, those that think they know how best to run our lives? It’s the time for choosing!