“Deconstructing” the Administrative State – Part Two

In a post explaining what conservatives mean by the ‘deconstructing’ phrase — and why they are so excited by the Trump administration’s personnel choices — Jonah Goldberg wrote on National Review (in February 2017):

Deconstructing the administrative state is a kind of nightingale’s song for many intellectual conservatives, particularly my friends in the Claremont Institute’s orbit. It’s been great fun watching mainstream journalists, who are not fluent in these things, talk about the administrative state as if they understand what Bannon means. The “administrative state” is the term of art for the permanent bureaucracy, which has come untethered from constitutional moorings (please read Phillip Hamburger’s Is Administrative Law Unlawful?, or Charles Murray’s By the People..). Most of the law being created in this country is now created on autopilot, written by unelected mandarins in the bowels of the government. It is the direct result of Congress’s decades-long surrender of its powers to the executive branch. The CIA is not the “deep state” — the FDA, OSHA, FCC, EPA, and countless other agencies are.

Goldberg goes on to note that “… any attempt to simply move the unlawful arbitrary power of the administrative state to the political operation of the West Wing will not be a triumph for liberty, it will simply amount to replacing one form of arbitrary power with another.”

Which, for me, raises the question if the power of the unelected corporate mandarins now taking over the Executive Branch is less “abitrary”?  Or less driven by “favored groupsand not imposing “heavy economic, political, and social costs onthe unfavored public?

Patrice McDermott


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