Tag Archives: Separation of powers

Death in Slow Motion, by Andrew P. Napolitano

Coronavirus measures coming from many local and state officials, including governors, are blatant violations of state and the federal constitutions. From Andrew P. Napolitano at lewrockwell.com:

During the past month, as Americans have been terrified of the coronavirus, another demon has been lurking ready to pounce. It is a demon of our own creation. It is the now amply manifested inability of elected officials to resist the temptation of totalitarianism. And it is slowly bringing about the death of personal liberty in our once free society.

It is one thing for public officials to use a bully pulpit to educate and even intimidate the populace into a prudent awareness of basic sanitary behaviors — even those which go against our nature — to impede the spread of the virus. It is quite another to contend that their suggestions and intimidations and guidelines somehow have the force of the law behind them.

They don’t.

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The Deep State: The Headless Fourth Branch of Government, by Ryan McMaken

The national security bureaucracy that many people think of as the Deep State is part of the administrative state, never contemplated by the Constitution, that combines executive, legislative, and judicial functions. From Ryan McMaken at mises.org:

School children learn that there are three branches of government: the legislative, executive, and judicial. In actual practice, however, there are four branches of government.

The fourth is what for decades now has been called a “headless fourth branch of government,” the administrative state.

As early as 1937, in a “Report of the President’s Committee on Administrative Management,” the authors write:

Without plan or intent, there has grown up a headless “fourth branch” of the Government, responsible to no one, and impossible of coordination with the general policies and work of the Government as determined by the people through their duly elected representatives.

The problem of waste and lack of accountability in this fourth branch, the report notes, has “been clearly recognized for a generations and ha[s] been growing steadily worse decade by decade.”

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