IT GETS WORSE
So now we have a law. The law doesn’t say a lot. It has some lofty goals and almost always has a bunch of money with at least 2 commas (i.e. millions of dollars) or 3 commas (billions of dollars). It also has the wonderful sentence in there with the command “The Secretary shall…”
The Secretary puts a group of
- expert lobbyists,
- lobbyists pretending to be experts,
- experts trying to get jobs as lobbyists.
Together and they start to write rules and regulations in order to achieve the lofty goal. Understand that we don’t know who these experts are since we never voted for them. In fact, these experts probably haven’t won an election since they ran for the captain of the recess kickball team in 3rd grade.
In some cases, these experts wait months or years and they come back to that lofty goal law and think, “Wow! We want to stop something bad from happening (like increasing of carbon dioxide). Let’s pretend that CO2 makes dirty air and therefore is covered under the lofty goal of “the air should be clean” and we will dust off that old law and make some brand new rules and regulations.”
These rules and regulations are treated as law. If you break a rule or regulation then bad things happen to you or your business. You can go to jail. You can be fined out of existence. When that happens people complain and thus enters the legitimate 3rd branch of government: the judicial branch.
The judges hear the case and they say, “Well, the legislators wanted this lofty goal, and the POTUS wanted this lofty goal, and they deferred to the Administrators as the experts to achieve this lofty goal, so we will let this rule stand just as if it was written and signed by elected people.”
In fact, if the majority of the 536 elected representatives which are the 435 Representatives, 100 Senators and the POTUS (the VPOTUS is also elected but he doesn’t really do anything important for laws and rules) may not even like the new regulations that the non-elected Administrators chose to write. Unfortunately, they are almost powerless to stop the train from going over the cliff. You see in order to stop the lunacy of the new regulation they would have to change that existing law that said “the air/water should be clean” or “big companies cannot stifle competition.” If they try to fight the overstepping of the regulation they will be called out as being bad for the environment or being in the pocket of big, bad business.
There are several problems with this current system:
- The legislators didn’t know enough details to write a really good bill so they wrote a lofty goal bill and then broke their arm while patting themselves on the back.
- The POTUS liked that the legislators were essentially giving him more power and who cared what the next POTUS did for interpreting the lofty goal bill so he got a shiny medal rather than a chest to pin it on.
- The judiciary treats the rules as if they were written by the legislators and signed by the POTUS because essentially the two elected groups transferred their responsibility to the experts.
Yep! Three branches of government and therefore three problems with the system.
Go to the next page to learn about the solution to the problem.