In Large Part, the Deep State Self Dug

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.

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