The Durk Pearson & Sandy Shaw®
Life Extension NewsTM
Volume 17 No. 9 • October 2014


RESTORING FREEDOM — A GOOD START

Most “Laws” These Days Are “Rules” Decreed By Regulatory Agencies, Frequently Without Any Legal Authority Provided in Congressional Statute — AND VOID OF CONSTITUTIONAL PROTECTIONS, SUCH AS THE RIGHT TO A JURY TRIAL

BELOW: A GOOD START TO GETTING THE ADMINISTRATIVE STATE UNDER CONSTITUTIONAL CONTROL

The concern of many is that of an administrative state running amok, generating immense and unlimited numbers of rules and regulations purporting to be “laws” despite the fact that the Constitution in Article I Section 1 specifies that “all legislative [lawmaking] Powers herein granted are to be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” In 2013, 72 bills were passed by Congress, while over 5,000 rules and regulations were issued — over 80,000 pages in the FEDERAL REGISTER — by regulatory agencies. In the process, the Constitutional rights as recognized in the Bill of Rights have been jettisoned in administrative “courts” (not to be confused with Constitutionally authorized courts — see Article III) that includes the right of jury trial (the administrative “court” is judge, jury, and executioner, that even controls what evidence you may enter in your own defense), the Fifth Amendment right not to testify against oneself (they can seize your papers and use them against you), the Fourth Amendment right to be free of unreasonable searches and seizures of persons, houses, and effects and no warrants shall issue but upon probable cause, supported by Oath or affirmation, and describing the place to be searched and the person or things to be seized (warrantless searches by regulatory agencies are common, or the agency simply issues it’s own “administrative business records demands” that are not authorized in the Constitution.

Increasingly, however, it is the search for a solution to this problem that is appearing in public discussions.

We suggest that a bill such as HR3396 that was written by Constitutional attorney Jonathan W. Emord for then-Representative Ron Paul (the bill was introduced) would be an excellent start. We publish it in its entirety here for those who might like to follow up on it. The bill would require that any regulatory agency rule or regulation that imposes a cost above a certain specified amount (for example, costs of $5,000 or more to an individual in a year) would have to notify those regulated within a year and would have to discontinue enforcing the rule until a bill was passed by the Congress and signed by the President that provided for the requirements of those rules. This would help restore the Constitutional requirement that all laws emanate from Congress, thereby stemming the destructive force of proliferating regulatory rules and regulations.

Text of the Congressional Responsibility and Accountability Act

This bill was introduced on July 29, 2009, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 29, 2009 (Introduced).

111th CONGRESS 1st Session H. R. 3396

IN THE HOUSE OF REPRESENTATIVES

July 29, 2009

Mr. Paul introduced the following bill; which
was referred to the Committee on the Judiciary

A BILL

To amend title 5, United States Code, to prohibit agencies from enforcing rules that result in a specified economic impact until the requirements of those rules are enacted into law by an Act of Congress, and for other purposes.

1. Short title

This Act may be cited as the “Congressional Responsibility and Accountability Act.”

2. Rules that result in a specified economic impact

Section 553 of title 5, United States Code, is amended by adding at the end the following:

(f)

(1) Before adoption of a rule, each agency shall determine whether compliance with the rule will result in a specified economic impact. If an agency determines that a rule will result in a specified economic impact, the agency shall provide notification and shall not enforce the rule until the requirements of the rule are enacted into law by an Act of Congress.

(2) Not later than 180 days after the date of the enactment of this Act, and annually thereafter, each agency shall determine whether any rule of that agency has resulted in a specified economic impact in the preceding year. If an agency determines that a rule has resulted in a specified economic impact in the preceding year, the agency shall provide notification and, not later than 365 days after making such determination, shall no longer enforce the rule until the requirements of the rule are enacted into law by an Act of Congress.

(3) In this subsection:

(A) The term “provide notification” means transmit the rule determined to result in a specified economic impact and the findings supporting such a determination, including relevant public comments in the case of a proposed rule, to the Federal Register for publication and to the Committees on Appropriations of the House of Representatives and the Senate, not later than 30 days after a determination is made in the case of a proposed rule and not later than 60 days after a determination is made in the case of an existing rule.

(B) The term “a specified economic impact” means any of the following:

(i) Costs to any individual of $5,000 or more in a year.

(ii) Costs to any partnership, corporation, association, or public or private organization, but not including the Federal Government or a State government, of $10,000 or more in a year.

(iii) Costs to all persons in the aggregate, but not including the Federal Government or a State government, of $25,000 or more in a year.

(iv) The loss by 1 or more United States citizens of existing employment in a year.

The Declaration of Independence declared the un­acceptability of rules and regulations imposed without representation by the British Crown on the colonists in its famous list of grievances that includes: “He has erected a Multitude of new Offices, and sent hither Swarms of Officers to harrass our People, and eat out their Substance.” This is an excellent description of the Swarm of regulatory agencies and their Officers that are currently eating out our Substance.

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