Posts Tagged ‘administrative law’

ADMINISTRATIVE LAW: A TYRANNY RENEWED

Monday, October 27th, 2014

NOTICE (26JUN2015): We have been banned by Financial Times, Reuters, and Red State (See “Censorship Hard & Soft” .).

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” -The Constitution of the United States of America (Article1, Section1)

“I’ve got a pen, and I’ve got a ‘phone,” proclaimed Barack Hussein Obama from the White House (14JAN2014).

Administrative law — an old tyranny renewed. In America, over the decades it has grown into a monster of gargantuan proportions.

What is administrative law and what does it have to do with EHF? To paraphrase legal scholar, Professor Philip Hamburger, administrative law consists of acts via an executive power that come not through law but through other mechanisms or pathways.

Article 1, Section 1 of the U.S. Constitution essentially prohibits administrative law. As Professor Hamburger notes, the Constitution provides only two avenues of binding power — acts of Congress and acts of the Judiciary but not acts of the Executive.

Whereas Congress may create administrative agencies, their courts and they operate under the Executive. They have no constitutional power to make law. Moreover, they have no constitutional power to adjudicate. Yet, they do both with wild abandon, preferring their own unconstitutional “administrative courts” under the Executive to constitutional, traditional courts under the Judiciary.

“Power corrupts. Absolute power corrupts absolutely.” -Lord Acton (1834-1902)

Such so-called administrative courts are nothing new. In fact, they are replicas of the old Star Chambers, King’s Councils, and High Commissions from the Middle Ages. The Founding Fathers abhorred and repudiated them. Why? As noted by Professor Hamburger, they aren’t judicial; they’re inquisitorial. They represent absolute power consolidated into a single, governing entity; be that entity monarch, president, or director.

This abhorrent, unconstitutional system began in 1887 with the creation of the Interstate Commerce Commission, an agency of the Executive, to regulate the railroads. The U.S. Constitution, however, based upon separation of powers — balance and counter-balance — forbids Congress from delegating its legislative authority to the Executive.

The fiercest proponents of such regressive, absolute, consolidated power have been the so-called Progressives via Democratic presidents such as Woodrow Wilson, Franklin Delano Roosevelt, Lyndon Baines Johnson, and now Barack Hussein Obama.

Consequences? Evasion of procedural rights guaranteed by the U.S. Constitution. No real judges. No real juries. No protection against self-incrimination. Governmental agencies essentially have become extortionists.

“Settle on our terms, or we’ll drag you before our own administrative court, in which we have a record of almost total success. Meanwhile, we’ll bankrupt you with legal fees, even on the off-chance that you should prevail, never mind the adverse publicity we’ll unleash. Win and lose, we always win — you always lose.”

Rationale for such outrageous, governmental tyranny? Efficiency. Efficiency for whom? Efficiency for the tyrant. Tyranny always is more efficient than liberty.

The dreadful consequences of this form of consolidated, tyrannical absolutism become even more dreadful today in the context of EHF; a contagious, highly virulent virus that causes a brutal, ugly death. Curative or palliative treatment? Neither exists.

Accordingly, EHF represents a clear and present danger to the American public and the rest of humanity. Already, there have been four cases in the USA as a consequence of Obama’s “pen and ‘phone” . Experts tell us that there are more cases on the way unless the West contains the virus where it began — in Africa. Time is against us.

Meanwhile, there are only a four, American facilities with a combined total of a eleven beds possessing the Level-4 capabilities required of handling EHF . No other facilities can handle safely cases of this horrific disease, which leaves its victim bleeding externally from the eyes, nose, mouth, and rectum. Spread by contact, the virus can live for some time in soiled linen and used, medical supplies; both of which a hospital must dispose safely.

It is in this context that a particular, administrative agency arrives on the scene but in the shadows — the Environmental Protection Agency (EPA). Prior to the enforcement of its own regulations by the EPA, hospitals disposed of medical waste via fire in affordable, on-site incinerators. Fire purifies.

Some years ago, however, the bureaucrats at the EPA ordered burning of infectious, medical waste in on-site incinerators to halt in the name of cleaner air — that is, unless the hospital installed expensive, sophisticated incinerators that most hospitals cannot afford. So, administrative absolutism forced hospital-administrators to contract with third-parties to haul infectious, medical waste to some other, distant site to be handled according to the edicts of the EPA.

Consider the risk of such a practice in handling waste containing Ebola. Instead of disposing of the highly contagious waste safely, quickly, and efficiently on-site, hospitals must abide by an extra step of hauling to some other, certified site somewhere else. One consequence? Less air-pollution. Good. Another consequence? Increased risk of contagion. Increased risk? Yes, to the extent that some third parties reportedly have refused to handle medical waste containing Ebola. Bad — very bad.

“God watches out for little children, fools, drunks and the United States of America.” -Otto von Bismark (1815-1898)

Good theory becomes bad practice. As a consequence of the absolutism conferred upon itself by the EPA, at Texas Presbyterian Hospital in Dallas, medical waste from a patient dying from EHF filled an entire room designated for his waste alone then overflowed into the unprotected hallways used by people wearing no protective gear.

That only two, nursing personnel became infected with EHF represents a near-miracle, no thanks to the EPA. For how long shall we Americans enjoy such good fortune when bureaucratically-promulgated, bureaucratically-enforced, and bureaucratically-judged  regulations trump common sense?

Shouldn’t every hospital have an affordable on-site incinerator available in emergent instances such as EHF? Yes, but using it at this time would be violating inflexible rules established by arrogant, self-inflated bureaucrats impressed by their own unconstitutional power. So, who protects us from our so-called protectors?

“An autopsy of history would show that all great nations commit suicide.” -Arnold Toynbee (1889-1975)

As does all behavior, political and bureaucratic behavior, especially in a medical context, has its consequences. In this case, the consequences amount not only to tyranny but possibly to suicidal tyranny (www.inescapableconsequences.com). Ebola cares not one whit about political and bureaucratic pronouncements. Will God save us from this virus and, once again, from ourselves?