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Real0ne -> Administrative Law Unconstitutional? (5/14/2010 6:07:18 PM)
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Could Administrative Law be Unconstitutional?
By Richard Palmquist
I am sure we won’t find the United States government breaking its own laws.
Richard Bach: Bridge Across Forever At the risk of being accused of “tilting at windmills,” I will discuss here what seems to be a significant gap between the requirements of the U.S. Constitution contrasted with reality in government today.
Sanity is judged by how accurately we perceive reality. Is it insane to expect government agents and elected officials to understand and abide by that Constitution? Perhaps. Then again, it might be that not all people working in government are sane themselves if they show they cannot understand or be conformed to the procedure set down in that document. To agree with what is written here could make you a cell-mate of the writer in the “loony bin” of society. Or, is there hope?
Nobody would want to live in a city where streets were not paved, sewage ran in open troughs through town or “old west” six-gun law enforcement was necessary. We want an
orderly society. Society depends upon the rules set down in administrative law to provide order and peace.
Should the government in charge of providing order follow the procedures established by the Constitution to guide them in that job? Or, should that government have absolute power?
If the Constitution places power in the jury, should juries apply power, or should bureaucrats assume power over us?
Was there ever a wall? If so, what made it fall?
The Constitution placed a wall of protection between government and the people.
The U.S. Constitution in Article One, Section Nine is titled: “Limitations on powers granted to the United States.”
In Paragraph Three we read, “No bill of attainder … shall be passed.”
If this provision is understood in its full meaning, what the Founders seem to have done is to cause any law to be subject to review by “We the People,” putting a wall of protection between government and those it serves.
At the Yorktown display in Williamsburg, Virginia, history opens our eyes to
Interesting read for interested people with their finger on the pulse
The central issue:
Administrative law is:
quote:
1) an act of a legislative body,
2) describing a group of people or entities,
3) imposing a duty inflicting potential pain or penalty for non-performance,
4) without first consulting a jury for authority.
A bill of attainder is:
quote:
1) an act of a legislative body,
2) naming a described individual or group of people or entities,
3) imposing pain or penalty,
4) without first consulting a jury for authority.
Why does government behave as though administrative law is constitutional when bills of attainder are outlawed?
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