‘Administrative State is THE Leading Threat to Civil Liberties of Our Era.’
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‘Administrative State is THE Leading Threat to Civil Liberties of Our Era.’

November 23, 2019

If you look at these cabinet appointees, they were selected for a reason and that is the deconstruction of the administrative state. and if you- Before he left the Trump administration former advisor Steve Bannon famously vowed to deconstruct what he called the administrative state. A collection of bureaucrats, agencies and unelected rule-making bodies. Whose decrees govern more and more of our lives. Cutting regulations and policies that come not directly from Congress, but from administrators who decide, say, that the FCC has the ability to regulate the internet under rules originally created for public utilities. President Trump’s appointee to the Supreme Court, Neil Goresuch is a critic of the administrative state too. Questioning the legal validity of rules laid out by bureaucracies in some of his best known rulings. And so far many of the President’s picks at places such as the FCC, the FDA, the EPA, and the Department of Education, seem to be doing just that. I view it as the leading threat to civil liberties of our era. I recently sat down with Columbia Law School’s Philip Hamburger to discuss wether the administrative state is a threat to freedom and representative government. He’s one of the leading critics of the administrative state, and the author, most recently, of: ‘The Administrative Threat’

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  1. Votes have no value, no merit. Democracy was needed in the past to wrestle power from monarchs; We don't need it anymore. Price discovery mechanism is all that's needed. Put your money where your mouth is. If you don't have money, go get some or stfu.

  2. I understand bureaucracy is monarchical and opaque, but corporations are also tyrannical structures where all power is concentrated in the hands of the owner and as I see it they are now holding more power than the government. how do we achieve real liberty where we're truly free from government and individuals who own all the resources forcing us people to be dependent upon them for our basic survival.
    I really appreciate ur insights on hegemony of the state but u don't talk about the hegemony of the individual who owns the means of production, or is individualistic hegemony over the masses is acceptable in a free society.

  3. I would highly recommend William Blackstones commentaries on Common Law. An excellent recourse for administrative subjugation.


    It discusses many of the issues brought up here. Funny it is over 100 years old when you take into consideration it could easily apply to today.

  4. "Abdication"
    It's caused by an abdication of power. Regulators are there to fill in for the legislature. Whether because the legislature represents too many people or has control over too many things, it's a fail caused in part by this design flaw. On the other hand, you can avoid personal responsibility and make people happy, thus pleasing constituencies, special interests, other legislatures, and bureaucrats through giving power away unlawfully.

  5. Pandering to the altright after they berated your other videos with insults and thumb downs? So cucked of you reason.

  6. Hey, fogey(not Prof. Hamburger), Trump tweets, learn to deal with it. All you old fogeys need to realize that while you think it's weird he tweets, should take note that young people tweet. Is it official news? It is when it's official. Lol. The government will eventually have to deal with it, perhaps, but certainly young people and old are going to need to deal with the fact that people have social media histories now, and some of it they may not like, or is easy to misconstrue, etc. When you talk about opportunism, I therefore, your criticism of Trump also seems to take this track.

    I watched him give a presser or something recently where he said something about an area that was hit by a hurricane, and his off the cuff, "but we took care of that." And I found that distasteful. I thought maybe the media would bring out a circus, and they may have… lol.. But, from a federal perspective this may be accurate, first of all, and second you don't have to personally like the guy to note it's an off the cuff. It's amazing to many that a billionaire rich dude from birth is more relate-able to average folks, educated and not, then a politician. Let's see how many inaccurate tweets you have. Whatever, this stuff is important to the media when nothing is going on or when there is even a tiny gap to fill with how racist and hateful Trump is. And you play the same stupid game. So here's your criticism, again. I with you would clean up your thought process.

  7. Thank you, Nick- this is pure gold! I've never before heard of Philip Hamburger- he's truly brilliant, as are YOU! Viva Rothbard.

  8. Congress gave up on doing its constitutional mandate of creating laws and declaring wars. They leave it to others instead, which keeps them in power without having to explain to constituents why they voted a given way since they don't vote at all.

    If the law is ambiguous, you need to fix the law, not decide for yourself.

  9. People in government have their own interests. Administrative agencies are somewhat unique because of their rule making ability, but all people in government want government to expand and the legislature can't write the rules. Blaming ruling making is like blaming children for running wild when parents abandon them — it's inevitable. The only solution is to make government smaller, much smaller.

  10. Naming new heads of illegal alphabet agencies is NOT draining anything. Leaving barry's muslim brotherhood appointees is even WORSE. Shame Donald…

  11. congress- article ONE and done. potus- article TWO is all you can do. scotus- get off your asses (only need 5 of them).

  12. Professor Hamburger is quite astute; but the best explanation of why the Administrative State is so damaging is the book "Bureaucratic Bombs"
    Overflowing with humor and candor, this book gets down into the nitty gritty of why our government serves itself—and not American citizens.

  13. Ugh, another FCC stab for "regulating the internet" through "utility regulations".
    I've heard this uninformed trope too many times and I would hope the people at Reason would prefer to understand the details of an issue and form their own opinion rather than merely repeating industry talking points.
    To start, I would suggest looking into what common carriers are and the difference between internet service and internet content .

  14. That's an interesting observation at 11 minutes. Andrew Napolitano pointed out the same thing in regards to the aftermath of the civil war. He said before the civil war the federal government never had a relationship with the individual.

  15. The Technocracy is right around the corner once the SJW's and Millennials get a hold of it. Pretty scary shit once people are conditioned that regs are good since the government is "Here to help" and bureaucrats are good people–we're just almost there!

  16. Misplaced criticism. The problem isn't the regulations. Regulations are necessary to create level playing fields.  The problem is nobody that is supposed to follow the regulations and law does.  The bureaucrats are unaccountable to anyone.  The only goal of a bureaucrat is to perpetuate the agency by any means necessary. Most of these regulations are very progressive and enlightened, but distortedly interpreted and never followed. So, very little due process in the courts. He's right about the bias, dead on.

  17. There is a naivete here. Professor Hamburger takes for granted that the State wants to expand, by any means necessary, including the expansion of the administrative state. The Constitution gives room for Congress to expand via an administrative state…

  18. When Congress was debating the Administrative Procedure Act of 1946, Representative Pat McCarran (a Democrat from Nevada) submitted the Bill, who also gave us some insight into its purpose, when he said (from the Congressional Record, March 12, 1946):
    We have set up a fourth order in the tripartite plan of government which was initiated by the founding fathers of our democracy. They set up the executive, the legislative, and the judicial branches; but since that time we have set up a fourth dimension, if I may so term it, which is now popularly known as administrative in nature. So we have the legislative, the executive, the judicial, and the administrative.
    Perhaps there are reasons for that arrangement. We found that the legislative branch, although it might enact a law, could not very well administer it. So the legislative branch enunciated the legal precepts and ordained that commissions or groups should be established by the executive branch with power to promulgate rules and regulations. These rules and regulations are the very things that impinge upon, curb, or permit the citizen who is touched by the law, as every citizen of this democracy is.
    Senate bill 7, the purpose of which is to improve the administration of justice by prescribing fair administrative procedure, is a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal government. It is designed to provide guarantees of due process in administrative procedure.
    The subject of the administrative law and procedure is not expressly mentioned in the constitution, and there is no recognizable body of such law, as there is for the courts in the Judicial Code.
    Problems of administrative law and procedure have been increased and aggravated by the continued growth of the Government, particularly in the executive branch.

  19. This is the same argument for HR3999 which gives the ATF broad authority to throw you in jail for 5 years with a felony if you possess a "rate increasing device" which could be something commonly used for the last 30 years. Stop the "bump fire" bill. It's much more than that. Don't believe the media lies!

  20. What state throughout history hasn't been an 'administrative' state? All states must be administrated, no way around that. The correct term should be the 'bureaucratic' state. Bureaucracies have taken over the state, bureaucracies in tandem with powerful corporations who use government bureaucracies to protect and further their interests at the expense of the public interest. The corporate-bureaucratic state is the root cause of the steady erosion of freedoms we've been witnessing throughout the industrialized world, not just America or Europe.

  21. Hm… is this 10 minute Ad for "How I Created a Multiple Six-Figure Business From Home" an omen for this video on 08NOV17?

  22. So to summarize, the self appointed ruling elites are using the administrative state as the battering ram to destroy the Constitutional Republic, and they do it by pimping out minorities that are used to keep voting against the Constitution.

  23. I like the argument that the state effectively disenfranchises people when their vote becomes increasingly meaningless. Hopefully a rigid system like a state won't be able to keep up with innovation. I smile when I see Marxist protesters with iPhones.

  24. The Doctrine of Primary Jurisdiction, upon which a defendant may argue that a court not adjudicate "the regulated activity/person[s]" where a issue disputed is within the agency's particular field of expertise, (record) asserting a substantial risk of an inconsistent ruling. The trial court that "deferred to agency" has exclusive jurisdiction and should invoke duly and proper raised PJ doctrine and either, stay a proceeding or call for dismissal. As applied to a principle of equal protection; moreover, "fairness" (ICC fair rates-for train travel under ICA) it's institutional/historical, where a statutory interpretation is the contested substantive issue–nonetheless, a strategy is only a band-aid and does not approach the substantive due process/procedural deficiencies–also a strategy of the administrative agency.

  25. I don't think progressives expand the administrative state in response to the expanded suffrage.. they expand suffrage in order to vote in more admistrative state.

    Muckracking only works if the voter isnt informed.

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