In Large Part, the Deep State Self Dug

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Glenn Reynolds’s weekly USA Today column for this week is worth some consideration:

[Columbia Law Professor Philip] Hamburger explains that the prerogative powers once exercised by English kings, until they were circumscribed after a resulting civil war, have now been reinvented and lodged in administrative agencies, even though the United States Constitution was drafted specifically to prevent just such abuses. But today, the laws that actually affect people and businesses are seldom written by Congress; instead they are created by administrative agencies through a process of “informal rulemaking,” a process whose chief virtue is that it’s easy for the rulers to engage in, and hard for the ruled to observe or influence. Non-judicial administrative courts decide cases, and impose penalties, without a jury or an actual judge. And the protections in the Constitution and Bill of Rights (like the requirement for a judge-issued search warrant before a search) are often inapplicable.

At some point, “consent of the governed” becomes more like a veneer that gives the governing class license to do whatever they want. L’état c’est nous.

Combine this Deep State with the budding feudalism in California, as described by Joel Kotkin:

Unlike its failed predecessor, this new, greener socialism seeks not to weaken, but rather to preserve, the emerging class structure. Brown and his acolytes have slowed upward mobility by environment restrictions that have cramped home production of all kinds, particularly the building of moderate-cost single-family homes on the periphery. All of this, at a time when millennials nationwide, contrary to the assertion of Brown’s “smart growth” allies, are beginning to buy cars, homes and move to the suburbs.

People whose policy preferences conveniently protect their own wealth seek to use government set basic policy preferences that are conveniently in line with bureaucrats who seek to protect their power.  One way or another, this alliance will be broken; the question is whether it happens through reform or revolution.

Think carefully, progressives — and even more-reasonable liberals.  As much as you hate him (perhaps because of how much you hate him), President Trump may be your last chance to allow the reform path.



  • Rhett Hardwick

    Maybe this will give readers a handle on the growth. Federal Regulations are contained in the Code of Federal Regulations (“CFR”).

    Back in 1960, the CFR contained 22,877 pages in 68 volumes.

    The CFR stood at 71,224 pages by year-end 1975, in 133 volumes.

    Now, new data from the National Archives shows that the CFR stands at 175,496 pages at year-end 2013, including the 1,170-page index.

    That’s a 146 percent increase since 1975. The number of CFR volumes stands at 235 (as of 2012; the 2013 count remains unavailable for the time being), compared with 133 in 1975.

    This does not include the Codes of Regulations for every state.

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