If you care about being free men and women with the right to due process and the separation of powers, you’ll receive this as good news. Otherwise, you wittingly or unwittingly prefer making us all subjects of our betters.
“Article I is the Congress, Article II is the President. Article III are the courts. And then there’s this administrative state, combining all three,” McGahn told TIME in an exclusive interview. “They make the law, they enforce the law, and then they decide who violates the law, destroying the constitutional separation of powers that was designed to protect individual liberty.”
Classical liberals might argue that delegating powers to the administrative state takes politics and ideology out of the formation of statutory regulations and penalties. But reality has put the lie to this argument. If not politics and ideology, then what is it that factions are fighting over with respect to control of the bureaucracy? Roll back the powers of the unelected apparatchiks and we’ll serve the best interests of all Americans, neutral of ideology.
Continuing with the good news:
One priority, McGahn said, will be working toward “giving full life” to the 2012 Supreme Court case Sackett vs. EPA. That case expanded the ability of Americans to challenge regulatory orders in court. McGahn said the administration would work to support efforts by citizens to object to regulations that affect them. “We are looking for these various bureaucracies to be a little more fair,” McGahn said. “Too often agencies impose penalties without basic due process. Before imposing a penalty or negative ruling, those accused should get an opportunity to be heard. It is fundamentally unfair to do otherwise.”
Fairness! I’m all for it.