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Jonathan Emord - Liberty Has Given Way to Tyranny

Jonathan Emord - Liberty Has Given Way to Tyranny

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Published by Juan del Sur
Because Our Constitutional Republic Has Given Way to a Bureaucratic Oligarchy

When Obama promised change, many anticipated fundamental reformation of government. What they got, however, is no fundamental reformation but rather more (much more) of the same old government. The history of the United States from 1938 to the present, whether the people in power were Republicans or Democrats, is one of a transfer of governing power from the separate executive, legislative, and judicial repositories defined in the Constitution to the unelected heads of the federal bureaucracy, growing that bureaucracy into a monolithic giant. That dynamic continues at an accelerated pace in the Obama administration. Today over 90% of all new federal law is the product not of Congress, not of our elected representatives, but of unelected heads of federal agencies who are largely unaccountable to the courts, the Congress, and the American people. Year after year from 1938 to the present, the fundamental direction of the government has been toward greater oligarchic control by an ever mushrooming bureaucracy such that today we may truly say we are governed not by the republic the founding fathers created but by a bureaucratic oligarchy that the founding fathers condemned as the very definition of tyranny.
Because Our Constitutional Republic Has Given Way to a Bureaucratic Oligarchy

When Obama promised change, many anticipated fundamental reformation of government. What they got, however, is no fundamental reformation but rather more (much more) of the same old government. The history of the United States from 1938 to the present, whether the people in power were Republicans or Democrats, is one of a transfer of governing power from the separate executive, legislative, and judicial repositories defined in the Constitution to the unelected heads of the federal bureaucracy, growing that bureaucracy into a monolithic giant. That dynamic continues at an accelerated pace in the Obama administration. Today over 90% of all new federal law is the product not of Congress, not of our elected representatives, but of unelected heads of federal agencies who are largely unaccountable to the courts, the Congress, and the American people. Year after year from 1938 to the present, the fundamental direction of the government has been toward greater oligarchic control by an ever mushrooming bureaucracy such that today we may truly say we are governed not by the republic the founding fathers created but by a bureaucratic oligarchy that the founding fathers condemned as the very definition of tyranny.

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Published by: Juan del Sur on Oct 12, 2009
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Jonathan Emord – Liberty Has Given Away To TyrannyPage 1 of 3
LIBERTY HAS GIVEN WAY TOTYRANNY 
 
By Attorney Jonathan EmordOctober 6, 2009NewsWithViews.com
 
Because Our Constitutional Republic Has Given Way to a Bureaucratic Oligarchy 
 
 When Obama promised change, many anticipated fundamental reformation of government. What they got, however, is no fundamental reformation but rather more (much more) of thesame old government. The history of the United States from 1938 to the present, whether thepeople in power were Republicans or Democrats, is one of a transfer of governing power fromthe separate executive, legislative, and judicial repositories defined in the Constitution to theunelected heads of the federal bureaucracy, growing that bureaucracy into a monolithic giant.That dynamic continues at an accelerated pace in the Obama administration. Today over 90%of all new federal law is the product not of Congress, not of our elected representatives, but of unelected heads of federal agencies who are largely unaccountable to the courts, the Congress,and the American people. Year after year from 1938 to the present, the fundamental directionof the government has been toward greater oligarchic control by an ever mushrooming bureaucracy such that today we may truly say we are governed not by the republic thefounding fathers created but by a bureaucratic oligarchy that the founding fathers condemnedas the very definition of tyranny.Throughout history tyranny has assumed many forms (monarchy, dictatorship, autocracy,and oligarchy) but all share in common a unity of legislative, executive, and judicial power inthe hands of one or a few. Liberty, an historical rarity, has existed only when legislative,executive, and judicial powers have been limited and kept in separate and competing hands with the rights of the individual being sovereign. Tyranny may be defined as the unbridledexercise of will by one over the life, liberty, or property of another without the other’s consent.Rightful liberty, as Thomas Jefferson brilliantly explained, “is unobstructed action accordingto our will within limits drawn around us by the equal rights of others” (but not “’within thelimits of the law,’ because law is often but the tyrant’s will, and always so when it violates theright of an individual”). Our great nation, once a bastion of liberty, has fallen pray to tyranny precisely as the founding fathers predicted, through the rise of unbridled discretion in thehands of the few, the federal bureaucracy. Liberties once protected have been taken from us,usually by a form of bribery where we are promised a public good in exchange for an effectiverelinquishment of a liberty right, but, as Sam Adams eloquently stated, “the right to freedom being the gift of Almighty God, it is not in the power of man to alienate this gift and voluntarily become a slave.”
 
The genius of the American republic was its adoption of separate and competing legislative,executive, and judicial powers. The founding fathers were united in their admiration for theFrench Enlightenment philosopher Montesquieu who, in his “
Spirit of the Laws
,”understood the unity of any two of those powers in single hands to be the death of liberty and
 
Jonathan Emord – Liberty Has Given Away To TyrannyPage 2 of 3
the birth of tyranny. John Adams captured the essence of that threat when he wrote in his
Thoughts on Government
,” “a single Assembly, possessed of all the powers of government, would make arbitrary laws for their own interest, execute all laws arbitrarily fortheir own interest, and adjudge all controversies in their own favour.”
 
Through the founders remarkably unselfish adoption of a constitutional republic, they gavethe world a unique and invaluable means to defend liberty: a government instituted amongmen to protect the rights of the governed rather than the rights of those who govern. Withrhetorical flourish Jefferson vanquished tyranny in favor of liberty in the Declaration of Independence. The Constitution transformed the Declaration’s ideal into a workablegovernment that again made individual liberty paramount by denying any single individual ordepartment combined legislative, executive, or judicial powers. Had America remained trueto that constitution of liberty, we would have remained sovereign and our freedoms secure. A true republic is the greatest bane to tyranny and the best defense of liberty. Liberty can becrushed by brutes who dominate others through force of will (the by-products of anarchy) or by a governing elite who deprive the rights of the majority for the benefit of a minority through the exercise combined legislative, executive, and judicial powers in their own self-interest (the by-products of monarchy and oligarchy). But when our constitutional republicfunctions, it protects liberty by denying government power, particularly the power totransgress the rights of man.
 
Our constitutional republic has been replaced by a bureaucratic oligarchy. Our rights oncesecured by the rule of law have been violated by the arbitrary rule of men. Liberty has given way to tyranny. The founding generation predicted that the limits imposed by theConstitution on governors were valuable only if respected by those in positions of power anddefended by the public against usurpation of power. Unfortunately, since 1938 thegovernment, by incremental encroachments, has abandoned the Constitution, largely becauseaccountability and responsibility for action by members of Congress involves risks toreelection. Better to delegate away the power to decide difficult questions to independentcommissions than to decide those questions themselves because the bane of reelectionsecurity is the engendering of political opposition by making decisions on controversialissues. James Madison warned that “a mere demarcation on parchment of the constitutionallimits of the several departments is not a sufficient guard against those encroachments whichlead to a tyrannical concentration of all the powers of government in the same hands.” Those who have voted for a transfer of governing power from Congress and the Courts to the bureaucracy have not heeded Madison’s warning.Since 1938 the Congress of the United States has delegated its governing power to over 183independent regulatory commissions. Those commissions possess combined legislative,executive, and judicial powers. Those commissions govern the intimate details of commercein every field of endeavor. Invariably those commissions become the servants of the mostpowerful interests they regulate. So it is that the pharmaceutical industry controls the FDA such that FDA approves unsafe drugs over the objection of its medical reviewers. So it is thatthe major broadcasting and cable networks control the FCC such that the FCC enforces rulesthat give incumbents protection from competition. So it is that the DEA is also controlled by major pharmaceutical interests, so that the DEA Deputy Administrator drives out of existenceall independent suppliers of ephedrine and pseudoephedrine cough and cold remedies, whileprotecting from legal action suppliers of the major pharmaceutical brands.
 

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