Constitutional Minute #9   What the heck is “Administrative Law”?  

   Now let’s address “administrative law” – i.e., rulemaking by Executive Agencies.


Most of the existing “federal” executive agencies are unconstitutional.  They meddle in matters which are not the business of the federal government, as power over the matters is not granted by our Constitution to the federal government. Those are powers left – reserved – to the States or the People!

Here are a few of the unconstitutional federal agencies: the Departments of Agriculture, Labor, Health and Human Services, Housing and Urban Development, Energy, Education, Transportation, and Homeland Security.  Likewise for the Environmental Protection Agency, the Federal Communications Commission, the Office of Science and Technology Policy, the Office of National Drug Control Policy,  the National Economic Council, the Small Business Administration, etc., etc., etc. Shocked??

Article I, Sec.1, U.S. Constitution, says:

“All legislative Powers herein granted shall be vested in a Congress of the United States.”

 That little phrase is of immense importance!! It means what it says; that only Congress may make laws! Laws are to be made only by Representatives whom we can fire every two years, and by Senators whom we can fire every six years.

But in Joseph Postell’s “must read” paper, “Constitution in Decline“, he shows that during the administration of Woodrow Wilson, Congress began delegating its lawmaking powers to agencies within the Executive Branch. They are not Congress!!

Since then, Congress passes an overall legislative scheme, and delegates the details to be written by un-elected, un-accountable bureaucrats in the various Executive Agencies.  They write the “administrative rules” which implement the Legislation. The result is the execrable Code of Federal Regulations (CFR), which is accepted, by the indoctrinated members of the Law profession, as “law”.

Shame rests additionally on our State legislators who refuse to interpose on our behalf and nullify all these unconstitutional federal encroachments by offering State nullification legislation!!