As described in Part I, most Americans believe they have been stripped of most of their Constitutionally-mandated freedoms and are being controlled by a vast army of gray-suited governmental officials and bureaucrats who are no longer responsive to the will and wishes of the people.

Three principal culprits were identified in the marginalization of the American electorate in the governing process. First, the modern judiciary has crossed the line of its Constitutionally-mandated powers by creating legislation as opposed to interpreting the law. These court-created laws are wrongly assumed to be the law of the land. Second, overreach of the Executive branch has ignored or violated the Constitution through disregard of Constitutional limits on executive powers, selective enforcement and/or bureaucratic changes to laws enacted by Congress, and circumvention of the powers of the legislative branch through issuance of illegitimate executive orders. Third, there has developed an autocratic, rapacious nanny-state bureaucracy whose regulatory oversight intrudes into minutest areas of the lives of a free people capable of making rational decisions without government interference. This massive, heavy-handed, and adversarial bureaucracy has become largely unaccountable to Congress and the American people.

The Road to Serfdom

F. A. Hayek in his seminal work […] Continue Reading…

On June 23, 2016, the British People throughout the United Kingdom voted to end forty plus years of membership in the European Union. As one writer put it, many Britons felt forsaken by the country’s political and cultural leadership. Many believed that their lives were controlled by “gray-suited Brussels bureaucrats” at the EU’s headquarters.”[1]

Many Americans and possibly a large majority feel they, too, are being controlled by a vast army of gray-suited governmental officials and bureaucrats who are no longer responsive to the will and wishes of a majority of the people. There are three principal culprits in the marginalization of the American electorate in the governing process.

Judiciary

The problem with the modern judiciary is that it has crossed the line of its Constitutionally-mandated powers by creating legislation as opposed to interpreting the law. In the first eight decades following the writing of the Constitution in 1787, the Supreme Court ruled only twice that a law created by Congress was unconstitutional, and both times the ruling was ignored by Congress and the President.

In Marbury v. Madison, President Jefferson rejected the belief that the Judiciary was the final voice and described the damage to the Constitution […] Continue Reading…