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Marie Lozito

April 21, 2012

Marie Lozito is a Registered Nurse, Licensed Massage Therapist, wife, mother, grandmother and life-long conservative. She wrote a text on medical massage and taught at New York College of Health Professions. 

Interested in, and observing politics since 1960, she ran for elected office in 2010. 


Who Makes The Laws? part 4

We have looked at how laws are supposed to be made and how they actually are being made. We have seen how two of the three branches of our government have been exceeding their Constitutional powers and stealing powers reserved for the Legislature, the states and the people. 

We know the root causes of these changes – Progressive philosophy’s combination of moral relativism and its elitist attitude that we are incapable of self-governance. An attitude that says we cannot be trusted to take care of ourselves or make our own decisions. That those who know what is best for us need to tell us what we can and cannot do. These superior intellects and beings need to “take care” of us and “protect” us as a parent takes care of a small child. They need to “protect” us from our ignorance and foolishness. (It must be marvelous to be so much better than everyone else!) 

At first the changes were done slowly and usually well cloaked in humanitarian terms. America is full of good and generous people. It is part of our nature. What good person wouldn’t want to help the old, the sick or the poor? No good person wants to see other people suffer. So, unwittingly, the good people of America and their legislators went along with the changes. Congress created Federal programs to take care of the different “problems” and Federal agencies to handle the programs. This is how the Federal bureaucracy was born.

This bureaucracy has no basis in the Constitution. The people and the people’s will are not represented by the agencies and there is little accountability for the actions of these agencies. Congress technically has power over the agencies it created. Even when Congress does use this power, the oversight or supervision is very poorly done. Witness the recent fiasco with the congressional investigations of “Fast and Furious”, “Project Gunrunner” and the GSA. 

The agencies are populated with Federal employees. These are unelected and usually anonymous individuals. At this point in time, most of these employees have been raised in the altered culture I wrote about last week. They have little or no knowledge and understanding of our Founding Principles. They accept moral relativism as being correct. Many of them are loyal to their function within the state apparatus. (Hegel would be proud of them.) Progressives, working to ensure the permanence of this bureaucracy, developed tenured civil service for the bureaucracy’s employees. 

The first agency, created in 1863, the Office of the Comptroller, was created to charter and regulate national banks. Currently we have over 1,300 distinct Federal organizations within 479 Federal agencies. Fifty five of these agencies are “regulatory” agencies empowered to create and enforce regulations that have the full force of law. Most of their “proposed rules” only require being published for 30 days before taking effect and becoming “final rules” (law). Some “proposed rules” require public hearings as well as publishing. Individuals, businesses, and private and public organizations can be fined, sanctioned, forced to close, and even jailed for violating federal regulations. That is a lot of power to give to unelected and unaccountable people! 

According to the Office of the Federal Registry, in 1970 the CFR, Code of Federal Regulations, (the official listing of all regulations in effect) had 54,834 pages. In 1998, the CFR contained 134,723 pages. The General Accountability Office (GAO) reports that in the four fiscal years from 1996 to 1999, a total of 15,286 new federal regulations went into effect. Of these, 222 were classified as "major" rules, each one having an annual effect on the economy of costing at least $100 million. In 2010 it was estimated that over 300 pages were being added into the Federal Registry every day! The rate of this bureaucratic law creation has increased in more recent years.

One of the Founding principles of the United States is the Rule of Law. This means the law must be equally applied to all parties and that it needs to be knowable and understandable to the people. If the law is too vague, too voluminous or changes too quickly, it is not knowable. I contend that the law generated by the bureaucracy in America is unknowable. Because of this, the Rule of Law in America has been eviscerated.

It is easy to see how this government has gone from a government of, by and for the people to a government of the few powerful people. We have gone from a country where the individual had the right to conduct himself as he pleased as long as he did not infringe on the rights of another individual, to a country where the government is affecting or controlling almost every aspect of our lives. 

Benjamin Franklin was right. When asked what kind of government the Founders had given the country, he responded, “A republic, if you can keep it.” We are failing that challenge. The United States is becoming like every other socialist country that ever existed. It matters not whether it has been a Marxist Socialist country as under Lennon, a National Socialist country as under Hitler or a Democratic Socialist country as many countries in Europe. Liberty and equality do not exist under socialism. The “equality” that does exist is an equal sharing of the miseries caused by living in a socialist society. 



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