by Mitch Kokai
Senior Political Analyst, John Locke Foundation
David French of National Review Online warns readers about the threat posed by the administrative state.
You’ll be relieved to learn that we no longer need to listen to the wisdom of the Founders, in part because they wore breeches and wigs. Their style of dress undermines the relevance of their thought.
At least that’s what University of Chicago law professor Eric Posner says today in the New York Times.
The purpose of his sartorial rant is a defense of the administrative state, the burgeoning bureaucratic beast that is consuming America’s lawmaking functions and all too often rendering Congress an afterthought.
This term, the Supreme Court is considering two cases that could roll back some small part of the executive branch’s regulatory discretion, and Posner rallies to the presidency’s defense. He attacks an allegedly “reactionary” Supreme Court that’s focused on the “legalistic” constitutional structure, as opposed to his preferred regulatory regime.
In other words, he looks at today’s immense executive branch — and the breathtaking amount of power granted to unelected bureaucrats — and says, “Yes, please.” …
… Posner summed up key differences between originalists and their opponents. The originalist looks at the text, history, and structure of the Constitution and evaluates legislation in light of that law. Too many progressives look at the same words on the same page, and respond with “Nah, there’s a better idea.”