We have witnessed a national referendum on the Obama Administration’s big government policies. The nation has rejected those policies and has called for a restoration of constitutional government. Voters seek massive reforms. They want to be freed from high taxes, barriers to market entry, and oppressive regulatory enforcement. They want Congress to take back governing power from the unelected bureaucrats and restore the constitutional order, with those they elect being responsible for all laws created by the federal government. In short, they ask that government respect them as sovereign and humbly represent them as the Constitution requires.
Few members of the new Congress likely comprehend the enormity of changes needed to restore American greatness. Each new member must come to appreciate that our designedly limited federal republic in which the individual was sovereign has been transformed since 1930’s into an unlimited bureaucratic oligarchy in which the unelected heads of federal agencies are sovereign. The Constitution vests law-making, law enforcement, and adjudicatory powers in the Congress, Executive, and Judicial branches respectively. The founders forbad delegation of those powers outside of those respective departments and forbad a unity of any two of the powers into single hands whether in or outside of the constitutional departments. Since the New Deal, Congress has delegated away the nation’s governing power to over 183 federal regulatory agencies that are largely unaccountable to the courts, the Congress, and the American people, giving them combined legislative, executive, and judicial power. The unelected heads of the agencies rule like absolute monarchs. Their regulations impose extensive prior restraints that deny Americans freedom and opportunity, impose high costs on start-up, small, and mid-size businesses, and provide anticompetitive protection for large industry. Indeed, agency heads are often patsies for the largest firms because those firms provide the most lucrative, post-government employment for them.
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