Lawless Washington DC Bureaucracies

Sir William Blackstone

[From article]
Everything you really need to know about the Constitution (and that’s barely an exaggeration) -- why it is structured the way it is, what led to it, its purposes -- is found in pages 2 – 12 of the March 9 concurring opinion by Justice Thomas in the Dept of Transportation v Assn of American Railroads case. Although it received little media attention, Justice Thomas has provided us a masterpiece of constitutional thinking, explaining why “administrative law” -- the practice of delegating to bureaucrats the making and enforcement of rules with the force of law – is so profoundly unconstitutional.
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The Constitution corrected several flaws of the English system including limiting the authority of the legislative branch by placing the Constitution – this written law of the land – over all three branches of government.
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Professor Philip Hamburger and his brilliant book, Is Administrative Law Unlawful?, Justice Thomas shows America is back to the problems that the Constitution was written to prohibit by writing a mini-treatise on the Constitution itself.
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William Blackstone…. defined a tyrannical government as one in which “the right both of making and of enforcing the laws, is vested in one and the same man, or one and the same body of men,” for “wherever these two powers are united together, there can be no public liberty.”
[. . .]
vintage Justice Thomas -- plainly written, and just plain brilliant.
We have overseen and sanctioned the growth of an administrative system that concentrates the power to make laws and the power to enforce them in the hands of a vast and unaccountable administrative apparatus that finds no comfortable home in our constitutional structure. The end result may be trains that run on time (although I doubt it), but the cost is to our Constitution and the individual liberty it protects.

http://www.americanthinker.com/articles/2015/03/a_littlenoted_masterpiece_of_constitutional_scholarship_by_justice_thomas.html

March 20, 2015
A little-noted masterpiece of constitutional scholarship by Justice Thomas
By Mark J. Fitzgibbons