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| Hillary Holder and Shulman |
Jonathan Turley in The Washington Post, here, warns about the growth of Leviathan, the administrative state, which makes monkeys out of its politically appointed overseers (or does it?):
There were times this past week when it seemed like the 19th-century Know-Nothing Party had returned to Washington. President Obama insisted he knew nothing about major decisions in the State Department, or the Justice Department, or the Internal Revenue Service. The heads of those agencies, in turn, insisted they knew nothing about major decisions by their subordinates. It was as if the government functioned by some hidden hand.
Clearly, there was a degree of willful blindness in these claims. However, the suggestion that someone, even the president, is in control of today’s government may be an illusion. ...
For much of our nation’s history, the federal government was quite small. In 1790, it had just 1,000 nonmilitary workers. In 1962, there were 2,515,000 federal employees. Today, we have 2,840,000 federal workers in 15 departments, 69 agencies and 383 nonmilitary sub-agencies. ...
[T]he Supreme Court ruled in 1984 that agencies are entitled to heavy deference in their interpretations of laws. The court went even further this past week, ruling that agencies should get the same heavy deference in determining their own jurisdictions — a power that was previously believed to rest with Congress. In his dissent in Arlington v. FCC, Chief Justice John Roberts warned: "It would be a bit much to describe the result as ‘the very definition of tyranny,’ but the danger posed by the growing power of the administrative state cannot be dismissed.”
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Doesn't this line of argument smell just a little like a pre-emptive defense of the bad monkeys who were actually up to no good? Perhaps a diversionary tactic? Throughout the article, Turley constantly refers to the untouchable agencies as "the fourth branch" of the government. Isn't this a deliberate rhetorical shift? The fourth estate, the press, has been the traditional conception from the time of Carlyle. The fourth branch appears to be a recent innovation, a neologism originating in a leftist critique of the media when captured by the elected, usually Republican, government (as fine a description of the current Obama regime as any, which might be a reason Turley seeks to redeploy the term for what conservatives have long termed the managerial state to keep the focus off the compromised media--it's more prudent for a liberal to change the subject from media complicity when it's media complicity with liberalism we're talking about).
It's also suspicious when liberals start talking like conservatives just when their side starts getting its feet held to the fire. And isn't it also a little rich to hear John Roberts warning about the growing power of the administrative state when on behalf of the third branch of government he basically shoved ObamaCare down the throats of the American people against their will? Or is Leviathan so irresistable that the judiciary follows the legislative in ceding its own power to the faceless bureaucracy?
It would probably behoove the cause of liberty more to forego a special prosecutor in the IRS scandal at this time simply in order to keep televised hearings before the eyeballs of all. Educating the people about the malfeasance of the so-called fourth branch under Obama is job one in order to pierce the fourth estate's media halo around their hero Obama.
