To Save America, We Must Abolish the United States




The Christmas Conspiracy!
Federal Issues
"The Administrative State"

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 it "a fourth branch of government,"[1] but it is actually a form of government which Madison, as he wrote in The Federalist, would have called “the very essence of tyranny.”[2]  

While a few thousand bills are introduced in Congress, only a few hundred become law, and this includes renaming a post office and giving a medal to Frank Sinatra.

Congressional Workload -- 1947-2000

Not Too Much to Show for Congress' Efforts

Most of the real lawmaking is done in the bureaucracies. "Congressional oversight" is impossible; the size of government -- the "Administrative State" -- is as incomprehensible as it is unconstitutional.

Ten Thousand Commandments - The Cato Institute

Has the Constitution Been Suspended? -- The Rise of the "Administrative State"

The Foundations of the Constitution have been Destroyed

Here is a list of many key federal agencies, departments, boards and commissions. These can be broken down into the following areas:

The Cabinet Departments

Major Independent Agencies

Obscure Independent Agencies

Bureaucracy and Government (independent.org)

Nondelegation and the Administrative State

(1) J. Freedman, Crisis and Legitimacy, 6 (1978).

(2) Quoted in A. Gulas, The American Administrative State: The New Leviathan, 28 DUQUESNE L REV. 489, 490 (1990). (With Madison's warning ringing in his ears, Gulas nevertheless supports the "New Leviathan.") See also Peter B. McCutchen, Mistakes, Precedent, and the Rise of the Administrative State: Toward a Constitutional Theory of the Second Best, 80 Cornell L. Rev. 1 (1994). The great constitutional scholar E. S. Corwin was

told that Professor Powell of Harvard carefully warns his class in Constitutional Law each year against reading the Constitution, holding that to do so would be apt to “confuse their minds.” Certain it is that of the 6,000-odd words of the constitutional document, at least 39 out of every 40 are totally irrelevant to the vast majority, as well as to the most important, of the problems which the Court handles each term in the field of constitutional interpretation.

E. Corwin, Constitutional Revolution, Ltd., 13 (1941).

back to: The Delegation of Legislative Powers