How America Failed to Keep the Republic --- by allowing zionist xians to yield to those who wanted a democracy and open borders.
On Thursday, November 12, 2015 at 2:08:34 PM UTC-6, Travis wrote: > > > > > > > > > November 12, 2015 > > *How America Failed to Keep the Republic* > > By Mark J. Fitzgibbons > <http://www.americanthinker.com/author/mark_j_fitzgibbons/> > > The story, whether true or not, is that after the Constitution was adopted > in closed proceedings at Independence Hall in Philadelphia, Ben Franklin > was asked on the street what form of government was created. He replied, “A > republic -- if you can keep it.” > > Through the creation of the “Administrative State,” with vast > bureaucracies violating the separation of powers in ways unaccountable to > the people and the Constitution itself, America has failed to keep the > republican form of government created by the Founders. > > Former Reagan administration lawyer Charles Cooper has penned a must-read > essay, “Confronting the Administrative State > <http://www.nationalaffairs.com/publications/detail/confronting-the-administrative-state>,” > > which in terms of brilliance in describing the root causes plaguing > America’s governance, ranks with Angelo Codevilla’s “America’s Ruling > Class — And the Perils of Revolution > <http://spectator.org/articles/39326/americas-ruling-class-and-perils-revolution> > .” > > Cooper’s essay describes how America has failed to keep the republic > because the constitutional structure created by Franklin and his fellow > Founders is no longer the law of the land. The Administrative State “has > become a sovereign power unto itself, an *imperium in imperio* regulating > virtually every dimension of our lives. Its nearly 450 agencies are manned > by legions of bureaucrats, now numbering almost 2.7 million,” writes Cooper. > > Unlike the frequent violations of the Constitution through legislation or > executive orders that may be reversed by future Congresses or presidents, > the Administrative State has become an institutionalized violation of the > constitutional structure itself. > > Instead of the representative branch of government making laws, a separate > executive branch enforcing laws, and a neutral judiciary adjudicating > disputes -- and enforcing the rule of law on government itself -- the > republican structure of government has been displaced by the Administrative > State. No longer are the powers of government separate. > > Congress has delegated lawmaking functions to bureaucrats; bureaucrats > have usurped the power to adjudicate disputes; and courts now defer to > bureaucrats in interpreting the law. This is exactly contrary to the > purposes of the Constitution, and has been a “fundamental transformation” > of American government starting decades before Barack Obama ever uttered > the words. > > Citing Federalist Papers such as James Madison’s No. 51 > <http://www.constitution.org/fed/federa51.htm>, Cooper explains how the > separation of powers was designed to create conflict among the branches of > government, which was “admitted on all hands to be essential to the > preservation of liberty.” Instead of “ambition . . . [being] made to > counteract ambition,” the Administrative State grew under a ‘you scratch my > back, I’ll scratch yours’ approach among the three branches of government. > > The principal villains in the destruction of the republic are not the > electorate or those whom they elected, although elected officials clearly > share the blame. It has been the courts, which time after time since the > 1930s refused to be the bulwark for liberty by preserving the separation of > powers. The courts have dismantled the constitutional structure by yielding > powers to the Administrative State in ways not authorized by the > Constitution. By conceding to the accretions of power within the > Administrative State, the courts have institutionalized violations of the > Constitution, and replaced its carefully planned structure with the > Leviathan. > > The other villain is Woodrow Wilson and his progressive roadmap of > transplanting the Constitution by giving government officials “large powers > and unhampered discretion.” > > The lonely hero in Cooper’s essay, who seems to be holding his finger in > the dike against total transformation away from a constitutional republic, > is Justice Clarence Thomas. In the past term at the Supreme Court: > > …four opinions authored by Justice Clarence Thomas…call into question the > constitutionality of the massive and largely unaccountable bureaucracy that > we commonly refer to as the administrative state. In bold and clear prose, > Justice Thomas explained how the basic principles of our Constitution's > separation of powers are incompatible with the system of bureaucratic rule > that took root in the Progressive era and now reaches into virtually every > realm of American life. > > Cooper notes Justice Thomas’ reliance on the brilliant scholarship of > Philip Hamburger, whose book *Is Administrative Law Unlawful?* > <http://www.amazon.com/Administrative-Law-Unlawful-Philip-Hamburger/dp/022611659X> > > has exposed the flawed, even unlawful, bases of the current Administrative > State. > > I would add two thoughts to Cooper’s brilliant analysis. > > The power given to administrative agencies to issue their own warrants for > papers, emails and other private property without probable cause or oath > and affirmation before neutral judges has created a police-state effect. > “Administrative subpoenas” are judge-less warrants. They are not only > institutionalized violations of the Fourth Amendment, but are used as > blunt-force instruments to create policy and silence critics of government > through extortive concessions by their targets. > > Secondly, the destruction of our republican structure of government at the > federal level has trickled down into the states, which to varying degrees > have adopted the Administrative State methods of the federal government. > States themselves have a constitutional obligation under Article IV, > section 4 to follow a republican form of government, yet many states have > transplanted administrative discretion for the constitutional rule of law. > > Opponents of a constitutional convention will find fault with Cooper’s > recommendation for one, but that proposed solution should not distract from > anyone’s appreciation of how his analysis of the problem shows the roots go > beyond merely a solution through the ballot box. The destruction of > America’s constitutional republic has become institutionalized, and may be > beyond cure by even an army of constitutional conservative legislators. > > Cooper’s is a must-read essay for political commentators, conservative > elected officials, and anyone who is serious about trying to understand the > sad state of how America is governed today in violation of the Constitution. > > Read more: > http://www.americanthinker.com/articles/2015/11/how_america_failed_to_keep_the_republic.html#ixzz3rIJS8hK8 > > Follow us: @AmericanThinker on Twitter > <http://ec.tynt.com/b/rw?id=dlia0Qbjyr4BNDacwqm_6l&u=AmericanThinker> | > AmericanThinker > on Facebook > <http://ec.tynt.com/b/rf?id=dlia0Qbjyr4BNDacwqm_6l&u=AmericanThinker> > > > __._,_.___ > ------------------------------ > Posted by: "Beowulf" <[email protected] <javascript:>> > ------------------------------ > > > Visit Your Group > <https://groups.yahoo.com/neo/groups/grendelreport/info;_ylc=X3oDMTJmdWVlbHNnBF9TAzk3MzU5NzE0BGdycElkAzIwMTk0ODA2BGdycHNwSWQDMTcwNTMyMzY2NwRzZWMDdnRsBHNsawN2Z2hwBHN0aW1lAzE0NDczNDQ4NjE-> > > > > [image: Yahoo! 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