Dr. Martin Hash Podcast

Politics & Philosophy by Dr. Martin D. Hash, Esq.

1246 Administrative State

09-12-2022

The Constitution set up 3 branches of government: executive, legislative & judicial; the idea being that they were in an adversarial relationship with each other, meaning each was the other’s watchdog, and all at the mercy of democracy. Authoritarians don’t operate well in plain sight so a forth branch of government was haphazardly created of career bureaucrats & administrators, the so-called “Deep State.” These people have no oversight, can not be fired, and are not subject to election outcomes. They can write regulations under the facade of law, oversee and enforce them, including draconian penalties, and there is no real appeal: the cost of pursuing a judicial remedy is simply too time consuming & expensive. Luckily, a TV host hedge fund manager with an ego to match, George Jarkesy Jr., did pursue an unjust judgment against him through serpentine court hearings, and the 5th Circuit. They found for all three points: the Legislative branch can't transfer their duties, all defendants can demand a jury trial, and the Administrative branch is indeed subject to the Executive branch. The result means the end of the Administrative State and they’ll want their unfettered power back so expect Deep State retaliation.

Categories | PRay TeLL, Dr. Hash

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