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new-logo25Author, Chuck Frank
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“Americans have reestablished the very sort of power that the Constitution most centrally forbade. Administrative law is extra-legal in that it binds Americans not through law but through other mechanisms—not through statutes but through regulations—and not through the decisions of courts but through other adjudications.” __________________________________________

Twas the day before Christmas and all through the castle not a
creature was stirring not even a vassal.And so it was, during Medieval times, in the land of Bavaria, the
powerful and wealthy German Lords delegated specific duties to the
vassals who were either servants, or those that tilled the land, or
to the skilled craftsmen who were all part of the fiefdom. These
persons pledged their loyalty and devotion to feudal lords, thereby
exchanging their freedom for royalty subjection and protection while
finally offering their various talents for the cause of the kingdom.

This arrangement became the perfect kingly blueprint for the
“leisurely royal class” along with the land barons but it was the
worst arrangement for the working land-less class who’s cradle to
grave experience was open for abuse and cruelty because of the
concentration of power among the nobles of absolutism(consolidated
power) where natural laws and rights among the people could be evaded
and also overridden by the keepers of the kingdom.

Fast forward 1620. These same problems were being experienced in
Great Britain, and for those reasons, a handful of courageous
Americans fled the old country and landed at Plymouth Rock in 1620.
In the latter 1700’s, after the American Revolution, the United
States Constitution was purposefully framed to finally bar absolute
government power, but nonetheless, absolutism has come back to life
even though it was finally defeated and circled back through Germany
and Prussia. What once had been the personal prerogative power of
kings became the progressives abrasive bureaucratic administrative
power of the federal agencies, the states and finally the numerous
county fiefdoms.“

Americans have reestablished the very sort of power that the Constitution most centrally forbade. Administrative law is extra-legal in that it binds Americans not through law but through other mechanisms—not through statutes but through regulations—and not through the decisions of courts but through other adjudications. It is supra-legal in that it requires judges to put aside their independent judgment and defer to administrative power as if it were above the law—which our judges do far more systematically than even the worst of 17th century English judges. And it is consolidated in that it combines the three powers of government—legislative, executive, and judicial—in administrative agencies.”

(Taken from, “The History and Danger of Administrative Law”, Philip
Hamburger, Columbia Law School, Imprimis, Sept. 2014,Vol. 43, Number
9,Pg.4)

Thus, we the people are once again left on the sidelines without true
representation. And though we are taught early on in school about
the separation of powers, the true concept of a democracy and the
idea of a people’s republic is today illusive because whatever the
amount of constitutional fabric that remains will soon be disappearing at light speed unless we the people act on behalf of our lost individual rights.

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