The Framers Got It Right

          In the October 8^th edition of the Perquimans Weekly, a lady named Nancy Theodore took me to task on my understanding of how the federal government works with respect to administrative agencies.  She even asked where I get my information.  Here's my answer.

          My primary source of information is the Constitution, which states explicitly that “All legislative Powers herein granted shall be vested in a Congress of the United States.”  The Framers meant the emphasis to be on the word “All” precisely to prevent the kind of problems that had arisen in English constitutional history when monarchs circumvented Parliament by issuing binding proclamations.   These proclamations were an exercise in absolute power, and our founders were dead set against any sort of absolutism.  After all, they had just fought a war to free us from England’s absolute rule.
          Unfortunately, the rise of Progressivism in the United States in the 20^th century has moved us in the wrong direction.  Briefly, progressives are unhappy with the separation of powers; they prefer the consolidation of the three powers of government—legal, executive, and judicial--in administrative agencies under the direction of a central authority, the president.  While they claim that this is a pragmatic and necessary development, the fact remains that it is unconstitutional. 
          Contrary to Ms. Theodore’s belief, the Constitution does not permit Congress to delegate its legislative powers to administrative agencies.  When I say that Congress is powerless to stop these agencies from issuing extra-legal regulations, it is because a bitterly divided Congress, such as the one we have now, is ineffective in protecting its constitutionally mandated authority; as we have seen, it has not been able to prevent the EPA from piling on regulations that have the force of law, or to stop HHS from changing provisions of the Affordable Care Act, something it has done more than two dozen times.  Interestingly, when this Administration has gone to court to defend its circumvention of Congress, for example in its recess appointments to the National Labor Relations Board, it has lost.
          I do understand how government works and, more importantly, how it should work.  With constitutional powers increasingly devolving to administrative agencies, I’m afraid our government resembles less and less what the Framers of our Constitution had in mind.