Mr. Trump, tear down THIS wall: repeal and replace the Administrative Procedures Act. Claw back our rights from the police state.
The larger issue of central government control over the states, control over free associations of people such as corporations and churches, control over individuals was decided by the Supreme Court long ago. We mere citizens are to be administered.
The states, associations and people can be coerced, intimidated, robbed, investigated and otherwise forced to obey not only President Obama through the Department of Education on the issue of transgenders in bathrooms but also any and all U.S. government agencies (e.g. Department of Education, EPA, BLM, FBI, IRS, FDA, NSA, ATF, DOJ etc.) without Constitutional due process if that agency is acting reasonably on its mission as broadly defined by the law, subject only to the demonstrably ineffectual administrative protections of the Administrative Procedures Act of 1946 (APA). No warrant needed. No grand jury needed. No jury trial. Unwarranted surveillance and search and seizure. No congressional or state approval needed. A real example of Orwellian “doublespeak,” APA includes the Freedom of Information Act (FOIA) and the Privacy Act.
The SCOTUS case was U.S. vs Morton Salt in the 1950s and the legal principle used against Morton has been re-affirmed in subsequent cases. It is considered settled law. Attorney General Claude Walker of the U.S. Virgin Islands supported by a conspiracy of other attorney generals and Al Gore recently subpoenaed ExxonMobil for a fishing expedition requiring ExxonMobil to produce decades of ExxonMobil files without involvement of a judge, a court order, a grand jury or other due process.
Do you fantasize that the government will not come after you because you are protected by the Constitution and the Bill of Rights? If big brother is going after ExxonMobil, they will come after you and me or any Congressman or judge whenever they want.
The U.S. vs Morton Salt case relies on the APA, which allows agencies themselves to write their own rules without further involvement by Congress. Agencies can and do expand their scope and define regulations without congressional approval so long as the action is reasonably within the broadly written mission of the agency. The agency need not even be created by law or an act of Congress. It could have been created by Executive Order, such as President Nixon created the EPA. The APA relieves Congress of their responsibilities and duties under the Constitution, or so the courts and Congress have decided. They have been assimilated.
Thus, regulating CO2, a harmless trace gas necessary to life, is considered by SCOTUS, presidents, EPA etc to be within the regulatory purview of EPA if the head of EPA determines so. And so the chief administrator of the EPA made her “Final Determination” and the pumpkin turned into a nightmare supporting global government and loss of your sovereignty and rights. The President through the Department of Education can coerce and intimidate schools to allow confused boys into girl’s bathrooms, locker rooms and gym classes. The IRS targets conservatives and resistance in Congress was futile. The issue is now considered administrative law …i.e. not an issue of rights or constitutional law. You will be assimilated.
The transgender bathroom issue is part of a continuing agenda by so-called progressives to obscure the ability of people to decide right from wrong, good from bad. It is a brainwashing technique which results in the well known Stockholm syndrome. The victims become compliant and accepting of the wrongs being done to them, unlikely to resist authority and willing to do any act they are told. President Obama is Ramsey Bolton destroying the will of Theon Greyjoy, heir to the Iron Throne, in George R. R. Martin’s great fiction The Game of Thrones.
This strategy, which none dare call treason, has been underway for decades and it has already succeeded in assimilating tens of millions of Americans and most all of Europe. The late, self-professed liberal, gay, philosophy professor Allan Bloom describes in his 1987 book ‘The Closing of the American Mind’ “how higher education has failed democracy and impoverished the souls of today’s students.” He focuses on the “openness” and tolerance explicit in the moral relativism taught from K-12 to university as leading paradoxically to the “closing” referenced in the book’s title. “Openness,” tolerating the intolerable, and moral relativism undermine critical thinking and eliminate the “point of view” that defines cultures and morality. You will be assimilated.
The fix would be for Congress to repeal and replace the Administrative Procedures Act (APA) and review all laws and regulations that rely on it. No Democrat or RINO will dare repeal APA. No conservative will propose repeal because the agencies will be unleashed against them. The APA is the basis for the excessive, rapid growth in size, budget and regulatory control of federal agencies…THE foundation for the collectivist nanny state.
If you hope for change from a President Trump in addition to stopping the invasions and amnesty of illegal aliens, muslims and released felons, then push Trump for repeal of the Administrative Procedures Act. That would go a long way toward realigning Congress to its constitutional duties and re-empowering Congress to rebalance the relative powers of the branches of federal government.