Joseph Postell, Special to The Washington Times
It's time to reform our administrative state. House Speaker Nancy Pelosi was right when she said Congress would have to "pass the health care bill so you can find out what's in it." That's because the health care bill, like most major laws passed by Congress over the past hundred years, isn't really a law. Rather, Obamacare is a series of assignments to bureaucrats in the Department of Health and Human Services. It is emblematic of what scholars call the administrative state, where legislative, executive and judicial powers are delegated to unaccountable experts sequestered in a fourth branch of government.
If we are seeking the most effective means of defending - and restoring - the Constitution, we must pay attention to the rise of the administrative state and the decline of constitutional government in the United States.
The Founders ... established (among others) two basic principles at the center of our constitutional order: representation and the separation of powers. ...
Our modern administrative state violates these principles. That also is by design, courtesy of the progressives - the original architects of the administrative state. Progressives such as Woodrow Wilson disdained the idea of government "by the people" and sought to replace it with government by the experts. Wilson complained of America's "besetting error of ... trying to do too much by vote." ...
The progressives sought to circumvent representative government by transferring power from Congress to a newly created fourth branch of government, our modern bureaucracy. Congress would no longer make laws but merely pass bills that consist of assignments to agencies. The actual laws then would be passed by agencies in the form of "rules" carrying the full force of law.
However, Article I of the Constitution requires that "all legislative powers herein granted shall be vested in a Congress." This is not optional. The people, through the Constitution, delegate legislative powers to the Congress. Only the people can delegate legislative power, because they are sovereign according to our founding principles. ...
The administrative state holds sway today. The overwhelming majority of laws in this country are made not by Congress, but by administrative agencies. They execute their laws and adjudicate alleged violations of their laws through agency-employed hearing officers or administrative law judges. In this fourth branch of government, filled with unelected and unaccountable experts, all three powers of government are consolidated.
But all is not lost. In the minds of the people, the Constitution is still the governing document of this country. Most just haven't paused to ponder how far we have strayed from its structural design.
What do I have to add? Maybe just a recommendation to re-read the excerpt.