Every Congressman takes an oath to "support the
E. Corwin, Constitutional
Revolution, Ltd., 13 (1941). See
also: Gary Lawson, The Rise
and Rise of the Administrative State,
Harvard Law Review, Vol. 107,
No. 6 (Apr., 1994), pp. 1231-1254
You've probably never
heard of "the administrative
state." Do a Google search for
state" to begin your study.
This is just the tip of the iceberg.
Scholars and political scientists will tell you what most
people don't know: we no longer live under the Constitution,
with its three branches of government. We live under "Administrative
Law" in an "Administrative
State." James Freedman has called "the
administrative state" "a fourth branch of
it is actually a form of government which Madison, as he wrote
in The Federalist, would have called “the very essence
Rather than calling attention to this tyranny, most
congressmen have continued to vote for higher appropriations for
this unconstitutional system. Both the Republican and the
Democrat parties are completely out of step with the intent of
the Founding Fathers and the genius of the American system.
While a few thousand bills are introduced in Congress each
term, only a few hundred become law, and this includes things
like renaming a post office and giving a medal to Frank Sinatra.
Most of the real lawmaking is done in the bureaucracies.
These unconstitutional agencies create ten times more law than
Congress -- some 70,000 pages a year in "The
"Congressional oversight" of these bureaucracies is
impossible; the size of government -- the "Administrative
State" -- is as incomprehensible as it is unconstitutional.
Here is a list of many key
federal agencies, departments, boards and commissions. These can
be broken down into the following areas:
Special Report: How
Congress Can Save America
all you want. The secret government won’t change. - The
- "Elected officials end up serving as mere cover for
the real decisions made by the bureaucracy."
The architects of "The Administrative State"
despised the Constitution and the principles upon which America
was founded. Ronald
J. Pestritto writes in a Claremont
Institute essay, "Leaving the Constitution,"
[Progressives] understood that the greatest obstacle to it
was the Constitution of the United States—especially the
separation of powers—and the principles of the Declaration
of Independence upon which the Constitution rests. Politics
and Administration: A Study in Government [by
Frank J. Goodnow (1900)] provided a new vision for America's
governing institutions and the arrangement of national power.
In subsequent works, such as Social Reform and the
Constitution (1911) and The American Conception of
Liberty and Government (1916), Goodnow showed how this
new vision arose from a critique of the bedrock ideas of
American government. He complained about the
"reverence" Americans had for their founding, which
he regarded as "superstitious" and an obstacle to
genuine political reform. In particular, he held that the
focus on government's permanent duty to protect individual
natural rights had impeded the marked expansion of
governmental power that Progressives desired. He objected that
the founders' principles were "permeated by the theories
of social compact and natural right," which he regarded
as "worse than useless" since they "retard
The rights which [an individual] possesses are...conferred
upon him, not by his Creator,
but rather by the society to which he belongs. What they are
is to be determined by the legislative authority in view of
the needs of that society. Social expediency, rather than natural
right, is thus to determine the sphere of individual
freedom of action.
LEGAL ORIGINS OF THE
MODERN AMERICAN STATE
William J. Novak
National Bureau of Economic Research
Corruption and Reform Planning Meeting
July 14, 2002
Between 1877 and 1937 (between the formal end of
Reconstruction and the formal constitutional ratification of the
New Deal), the American system of governance was transformed
with momentous implications for twentieth-century social and
economic life. Nineteenth-century traditions of self-government
and local citizenship were replaced by a modern approach to
positive statecraft.... This late nineteenth- and early
twentieth-century revolution in governance is best characterized
as “The Creation of the American Liberal State.”
By “The Creation of the American Liberal State”
I mean to suggest that the period from 1877 to 1937 was not just
an “age of reform” or a “response to industrialism” or a
“search for order” (Hofstadter 1955; Hays 1957; Wiebe 1967).
Rather, it was an era marked by the specific and unambiguous
emergence of a new regime of American governance -- the modern
liberal state. Nineteenth-century patterns of social governance
and local economic
regulation -- what I have described elsewhere (Novak 1996) as
“the well-regulated society” -- were displaced by a decisive
twentieth-century reconfiguration of the relationship between
state, capitalism, and population in the United States. A
central nation-state consolidated around new positive and
and administration radically extended its reach into American
economy and society.
Of course, this transformation in American
governance and the creation of a modern administrative state in
the United States has not escaped the notice of historians,
social scientists, and legal scholars.
Whether characterized in A.V. Dicey’s (1914)
terms as a shift from
individualism to collectivism or in Roscoe Pound’s
(1909) notion of a move from negative liberty to positive
liberty or in John Dewey’s (1935) ideas about the progression
from old to new liberalism, this interpretation emphasizes the
great transformation from nineteenth-century laissez-faire to
the twentieth-century general welfare state.
Gary North, Liberty’s
Greatest Enemy Today
This is why I do not
take politics seriously. The legal revolution of administrative
law is the greatest single threat to liberty in the world today,
and it is firmly locked into the American social and legal
order. People unthinkingly accept it. They are unaware of it.
They do not understand the implications of the Federal Register,
which now publishes 80,000 pages of fine print administrative
law every year.
Politics is impotent
to change this. Politics is unaware of it. Those few laws that
get passed by Congress and signed into law by the President are
then administered by the federal bureaucracy, and there is
almost nothing that a President or Congress can do to stop it.
Occasionally, the Supreme Court may hand down a ruling that will
stop some minor aspect of the expansion of the federal
bureaucracy, but this is rare.
Darwinism and the Death of the Constitution