Friday, June 12, 2015

Judge Rules Administrative Court System Illegal After 81 Years

A federal judge’s ruling against the Securities and Exchange Commission for using its own Administrative Law judges in an insider trading case is perhaps the beginning of the end of an alternative system of justice that took root in the New Deal. Constitutionally, the socialists tore everything about the idea of a Democracy apart. It was more than taxing one party to the cheers of another in denial of equal protection. It was about creating administrative agencies (1) delegating them to create rules with the force of law as if passed by Congress sanctioned by the people; (2) the creation of administrative courts that defeated the Tripartite government structure usurping all power into the hand of the executive branch, as if this were a dictatorship run by the great hoard of unelected officials.


Anonymous said...

SCOTUS itself has come close to dealing with "privileges and immunities" a couple of times in the last decade. Law schools cant teach the "properness" of SlaughterHouse Cases regarding the Commerce Clause precedent. Everybody who takes the time to understand it, left or right in political leaning, get is it. SCOTUS basically amended the Constitution unilaterally. And it wasn't the first time. The fallacy is indeed falling apart....from administrative "courts" to "case law" to judicial "review", the whole false premise construct is falling apart.

Its about damn time.

Our Constitution, sitting atop the base called the Declaration, WORKED. It will work, it will function as intended again IF our constitution matched our Constitution! Of course, a couple amendments that THEMSELVES violate basic principals and find themselves at WAR with the rest of the framing documents must meet the same fate as th 18th, but this here is a start.

I believe those controllers understand the jenga tower is falling. I believe they understand that now is the time to roll back their controlling ways trying to avoid losing it all. Fair enough, the tangled web woven cant be obliterated in an will take some time to unfurl and untangle. This is just the start, more things will happen soon, especially within the next Presidency.

I submit that the powers that be have admitted that American Citizens are fed up. Its time to stop the communist transformation and they know it.

WalkingHorse said...

This is hopefully the beginning of a unwinding of the Administrative Law tyranny that has gripped the United States since the New Deal. There is a thorough analysis of the entire practice:

Hamburger, Philip: Is Administrative Law Unlawful

Hamburger, rightly I think, characterizes administrative law as a devolution to the kind of state absolutism practiced by the Bourbon kings of France, where the legislative, judicial, and executive powers are combined into single bodies. "Administrative Law" underlines the bulk of the overreach of the Feral Government. This is an excellent place to attack Leviathan.

Anonymous said...

That's FANTASTIC!! What i'm wondering though, if this affects the IRS..and the ATF? Promulgating "law" as in the US tax code "rules" that the IRS writes, not Congress, have been a serious breach of the Constitution for over 100 yrs. We'll see though. However, I've got $1k that says hundreds of heads are exploding in every agency in the government. Also, this has got to be affecting State and local agencies too, no?

Anonymous said...

The common law remedy, as pointed out by Karl Lentz in his many discourses on civil courts interfering with our rights, is to sue the agencies for unLAWful administration of our rights and property. This decision is recognition of the administrative law judges applying statutory or administrative law to nonconsenting "parties" to contracts, things that we never agreed to, but they apply to us and bully or bluff their way into our lives with.

Anonymous said...

Everyone should read "By the People; Rebuilding Liberty Without Permission" just published by Charles Murray.

Interestingly, Murray argues very cogently why the existing system (mainly Congress and the Judiciary) can't possibly reform themselves. This brave District judge has taken-on the Leviathan in a manner inconsistent with Murray's skepticism. The first attempt might fail; but it's apt to be followed by a second and third and subsequent attempts in other District courts until it finally gets upheld by a Circuit court. THAT will be an ENORMOUS victory!

Imagine this; some brave Circuit decides to defy the Leviathan. What could SCOTUS do? To overturn that intrepid Circuit SCOTUS would have to grant cert, hear the case and then write an opinion explaining itself away. The same - or another still more intrepid Circuit - could whittle-away the SCOTUS decision ignoring all the dicta explaining how the Leviathan has all the power and there is nothing any inferior government or court can possibly do about it.

And so, the process continues. A Constitutional revolution (in the original sense of returning to the original norm) in defiance of Washington and SCOTUS. It will take decades; maybe centuries. It took the 20th Century to overturn the Slaughterhouse Cases selectively incorporating the Bill of Rights one-by-one against the States.

What drives this judicial revolution? What could possibly sustain it? Jealousy. The Administrative Courts have encroached upon the territory reserved to the Article III (Constitutional) Courts. Will the judiciary allow itself to be diluted into irrelevance by these Star Chambers? It doesn't make sense.