[Note from Bob: This essay by Adobe Walls is rather long and he has suggested we split it into four parts (Part 1 may be found here.). Each morning at this time, another part will be posted.]
Re-Redesigning The System
by ADOBE WALLS
So how do we shermanize the regulatory departments and agencies i.e. the extra-constitutional Fourth Branch of the federal government? While far from easy it would be fairly straight forward. Could this be accomplished without violating the constitution or the oath to see to it that the laws are faithfully executed? While “faithfully executing laws” has become a fairly elastic concept of late, following the law and constitution as written is the heart of the solution. Exceeding statutory authority (see Bruce J. Abramski v. United States (ATF) case pending) is a major part of the problems emanating from the fourth branch. Shermanizing the rogue departments and agencies may require some creative interpretations of the rules about how the “rules” are made regarding regulatory infractions by government or their allied NGO workers. Far less abuse than is currently used designing and enforcing the regulatory regime would be required. What is required however, is a president and some congressional leaders who have a ruthless, even brutal if necessary, dedication to the task at hand.
The plan for shermanizing the regulators relies in large part on the various Inspectors General within the fourth branch of government and is based on the following premise. The political left in general and leftists in particular are, with few exceptions amoral; when not immoral corruptible; when not already corrupt unscrupulous; and the only principle they believe in is the end justifies the means. While anyone may be corrupted by power, leftists seek power because they are corrupt. If the above isn’t true then certainly I and probably many others on the right politically, owe someone an apology, but I doubt it.
The first step is to elect the aforementioned “hardasses” to the key positions in Congress and obviously the White House. Minimally comfortable majorities rather than overwhelming majorities would be necessary in congress. As Harry Reid (US Senate majority leader) and to a lesser extent John Boehner (Speaker of the House) have shown since 2010 controlling what gets voted on is the next best thing to “having the votes” for determining the legislative agenda. As the House and Senate “leaders” are selected by their respective institutions rather than the voters, getting the right people in these positions is potentially more problematic than getting the right person in the WH. If not whole hearted support, refraining from active opposition from leadership would suffice as this scenario assumes congressional majorities from the same party as President Ruthless Hardass. It’s unlikely congress would thwart the new president from their own party particularly at the start of his or her administration.
Upon taking office the new president needs to start the “reform” process, institute measures to insure “accountability, transparency, fairness” (always a crowd pleaser), and end “bureaucratic overreach” etc. and get the IGs investigating….what?
Our second premise is based on our first premise. If leftists have thoroughly infested the fourth branch then by their very nature they are incapable of not violating rules and regulations, if not criminal and civil law respecting the formulation and enforcement of agency regulations. For a particularly egregious example take the case of former EPA head Lisa Jackson who used private email accounts with assumed names to avoid communications record requirements mandated by federal law. Some of these communications were with NGOs involved in litigations with the EPA that often result in the notorious “sue and settle” method of writing environmental regulations that exceed the intentions of, and the authority granted by congressional legislation. If this example of fidelity to the “rule of law” occurs at the highest level of a federal department what lengths might the lower level and lower profile “public servants” be willing to go to in furtherance of the cause? It is the “lower profile” civil service level employees who have institutionalized the left’s agenda within government that has transformed the agencies and departments into the (almost) all powerful fourth branch of government. As long as this remains the case the left will always be in power in Washington.
There’s a case pending before SCOTUS, Bruce J. Abramski v. United States, wherein the ATF might get smacked for “making law” by illegally expanding the Gun Control Act of 1968. The ATF “amended” the law when it added the “actual buyer” question to it’s 4473 form in 1995. In short congress didn’t make “straw buying” of firearms illegal the ATF did. It has taken almost 20 years to reign in an illegal power grab by ATF and that’s assuming the plaintiff prevails, no telling how many people have been illegally prosecuted. Having a handful of exceeding authority cases come before the courts every decade or so simply won’t do, particularly as many of the rulings incorrectly defer to regulatory power rather than liberty. We will never reform/rein in or even substantially weaken the fourth branch using the courts much less abolish it. No we’ve got to shermanize it. Hollow it out from within. That’s where the Inspectors General step up to the plate.
The Inspectors General are empowered to investigate criminal, civil, and regulatory violations within their respective departments and agencies. Investigate and turn their findings over to the appropriate prosecutorial or disciplinary entity. But this shouldn’t be done quietly; subtlety isn’t what’s wanted here. Leak to the press or bloggers that some employees are cooperating, use the department swat teams to confiscate computers with much fanfare, maybe do a few no-knock raids. As morale starts to fall, the president can go to an EPA conference to give a pep talk. Explain to them that the EPA has become a cancer in our society and our economy as well as a threat to private property. Pledge that the fourth branch will no longer be allowed to terrorize the public, no longer be allowed to brutalize our liberties.
