Strengthening Constitutional Self-Government

No Left Turns


Who Will Regulate the Regulators?

Cass Sunstein's After the Rights Revolution:  Reconceiving the Regulatory State is one of the most horrifying books I've ever read.  Now Administrator of the White House Office of Information and Regulatory Affairs (OMB), Sunstein has a hand in Obama's expansion and affirmation of the Administrative or Regulatory State.  He gives off the appearance of even-handedness but clearly stacks the deck in favor of willful bureaucracy and against "private rights" (that is, natural rights), for FDR and the Second Bill of Rights against the Founders' Constitution.  He advises how the bureaucracy can collude with the courts to block off protests of pesky congressmen.  Laws after all are not that specific, so the bureaucracy needs to be able to reinterpret such laws to keep up legislative intent with the times.The 1990 book is one of the greatest assaults on the rule of law in our time.

For some examples of such bureaucratic abuses, including abolition of legal rights by bureaucratic fiat, note Columbia law prof Philip Hamburger's essays on Obamacare waivers. His most recent essay is here.

See also Eric Claeys' congressional testimony (subtly pointed at Sunstein) on how regulators might be reined in, in Steve Hayward's post below.

And finally this, also from Steve, on the crony politics of the Administrative State.


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