Posts Tagged ‘bureaucrats’

Fifth Circuit Court Starts Dismantling The Administrative State

Thursday, May 19th, 2022

American Civics 101 teaches us that there are three branches of the American government: Executive, Legislative and Judicial. However, that clean, elegant division started to go awry in the early 20th century (some would place the problems even earlier) with the creation of the Federal Reserve and the vast expansion of the administrative state under the New Deal.

One blow to that traditional tripartite division of federal powers was the creation of administrative courts for independent agencies. Yesterday, the Fifth Circuit Court of Appeals (which includes Texas) ruled such courts were unconstitutional.

The Securities and Exchange Commission’s in-house judges violate the U.S. Constitution by denying fraud defendants their right to a jury trial and acting without necessary guidance from Congress, the 5th U.S. Circuit Court of Appeals ruled on Wednesday.

The court ruled 2-1 in favor of hedge fund manager George Jarkesy Jr and investment advisor Patriot28 LLC, overturning an SEC administrative law judge’s determination that they committed securities fraud.

A spokesperson for the SEC and counsel for the petitioners did not immediately respond to a request for comment on Wednesday.

The Dodd-Frank Act, which Congress passed after the 2008 financial crisis, expanded the SEC’s ability to seek penalties in its administrative proceedings.

In the ruling Wednesday, the majority said that because seeking penalties is akin to debt collection, which is a private right, the defendants were entitled to a jury trial.

The SEC had argued that it was acting to protect investors and enforce public rights found in the securities laws.

The majority also found that SEC judges, known as administrative law judges, lack authority under the Constitution because Congress did not provide guidance on when the SEC should bring cases in-house instead of in a court.

U.S. Circuit Court Jennifer Walker Elrod, joined by Circuit Court Judge Andrew Oldham, penned the majority opinion.

This is a long overdue trimming of the unelected administrative state and a restoration of the division of responsibilities between the three branches that forms part of the Constitution’s vital system of checks and balances. However, given the potentially far-reaching effects of the decision, expect first an en banc hearing of the Fifth Circuit, and then an appeal to the Supreme Court.

LinkSwarm for June 14, 2019

Friday, June 14th, 2019

Welcome to another Friday LinkSwarm! Border control, Social Justice Warriors, Iran and Geto Boys all feature in today’s roundup…

  • The idea that we can go back to a “Pre-Trump Normal” is an illusion.

    Washington sophisticates, and the DC press corps in particular, are deeply parochial. Trump didn’t create worldwide skepticism about globalism, resentment of sinecured elites, or frustration with an out-of-touch cultural vanguard. He merely rode them to power.

    Politicians and pundits can disagree with this populist trend, but it’s electorally suicidal to ignore it. As I note in USA Today, one look around the globe shows that, in many ways, Trump is the new normal.

  • Iran evidently limpet-mined two tankers in the Gulf of Oman.
  • One reason Iran is desperate: The Trump Administration’s sanctions are working:

    These actions on the part of Iran follow a series of sanctions from the US Treasury Department, which on Wednesday (June 12) imposed sanctions on a financial conduit of the Islamic Revolutionary Guard Corps-Qods Force, and last week (June 7) sanctioned Iran’s largest petrochemical holding group.

    US officials are also considering sanctions against the Iranian financial body that was established as a trade channel with Europe – a move that would underscore US intolerance to any international workarounds to the Iran sanctions campaign.

    You don’t need to read the tea leaves closely to know the administration’s plan for its “maximum pressure” campaign. But one thing the tea leaves don’t show are plans for war. And the reason is simple: the sanctions are working to help achieve President Donald Trump’s priority goal, which is to undermine Iran’s influence and support for terrorism in the Middle East.

    The Treasury’s latest steps follow a State Department press briefing, during which its spokesperson, Morgan Ortagus, listed the negative effects Iran sanctions were having on that country’s terrorist proxies and on its other actions in the region. She pointed to the Lebanese group Hezbollah’s “pleas for public donations via billboards, posters and collection cans” and stressed that “Iran is withdrawing Hezbollah fighters from Syria and cutting or canceling their salaries.” This is a big deal.

    She also pointed to Hamas’s austerity plan in Gaza and to the IRGC’s budget cuts for Iraq Shia militia groups. She highlighted fuel shortages in Syria due to the cut in Iranian oil supply and noted the IRGC cyber command “is short on cash.”

    Others have also picked up on this emerging trend: that Iran sanctions are starving Iran’s proxies of critical funds. The Washington Post reported that US sanctions against Iran have “curtailed” Iran’s finances to Hezbollah, which “has seen a sharp fall in its revenue and is being forced to make draconian cuts to its spending.” A fighter with an Iranian-backed militia in Syria told The New York Times that he lost a third of his salary and other benefits, lamenting, “Iran doesn’t have enough money to give us.”

    When he withdrew the United States from the Joint Comprehensive Plan of Action, or what is often called the Iran nuclear deal, last year, President Trump made his top goal clear. Before even addressing Iran’s nuclear capabilities or speaking about working toward a new agreement, he emphasised Iran’s support for terrorism and plans for regional influence as among his key concerns and reasons for withdrawing from the deal. Working to undermine that behavior has been the administration’s top priority in its Iran policy.

    Sanctions are particularly taking a bite out of Hezbollah. One wonders, yet again, what the Obama Administration thought it was achieving with the insane and costly Iran deal…

  • Venezuelans reduced to barter.
  • This essay suggests that defeating Social Justice Warrior madness will be more difficult than we think, because it’s essentially a religious phenomena:

    The shock presidential election of 2016 might have prompted partisans on both sides to ask whether the vocabulary on which they relied had become a lifeless hindrance. On the Left, the Clinton political machine suffocated every dissenting voice within the Democratic Party, which denied its members the opportunity to rethink the identity politics death-grip that was strangling them. Then as now, Sanders, more smitten by Marx than the halfway-Nietzscheanism of identity politics, invited his fellow Democrats to step back from the brink. Alas, itself guilty of class privilege, the donor class of the Democratic Party living in Hollywood, Silicon Valley, and in the wealthy enclaves surrounding New York City needed a fig leaf to cover its class sins—and, so did not, and will not, allow Sanders to win the Democratic nomination and thereby reveal their unrighteousness.

    The Democratic Party will again double down on the rhetoric of identity politics, lose the 2020 presidential election, and conclude—as it did with Russiagate—that some demonic force temporarily bent the arc of history in the wrong direction. The demonic force responsible this next time around? “Hate speech” from the lips of those in the center and on the Right who refuse to rehearse the Red Letter political liturgy identity politics tirelessly repeats—or bow before the false gods that identity politics worships.

    Partisans on the Right were given a gift: President Trump. He came into the Republican Party, and the Republican Party understood him not. Many did not want to receive this gift. Having read their Aristotle and Burke, and wishing to remain gentlemen, they withdrew from the political fray—preferring the decorous tyranny of candidate Clinton, the very paragon of identity politics, to the incivility of candidate Trump who, alone among Republican candidates, had the temerity to combat it. “Our tastes, not our ideas, define us”—that is what the 2016 election apparently taught the GOP.

    Now forming a Conservative Book Club of sorts, these gentlemen ponder great ideas, entice donors to fund their conferences and think tanks, and all the while enjoin us to believe the vocabulary of the pre-2016 Republican Party continues to be adequate to the troubles we face. It is not.

    Today, whether at conservative conferences or in conservative think tanks, the listener even moderately attentive to the conversation will hear of the perils of progressivism and of cultural Marxism, of the need to defend family values, of the importance of being pro-life, of the importance of free markets, and of the threat of multiculturalism. These terms—indeed the constellation these terms form—emerged during the Reagan Presidency, more than three decades ago. If the 2016 Presidential election tells us anything, it is that this verbiage has hardened into nearly lifeless political rhetoric, sustained on life support through institutional buy-in and the assurances of political philosophers sympathetic to conservatism who tirelessly promote the link between the veritable ideas they study and the political vocabulary that has been in place for decades is timeless.

    Times have changed, however. Philosophy must gently persuade; that is its privilege and its weakness. Philosophers are concerned with eternal truth. Partisans, by contrast, are concerned with timely rhetoric, opinion, and persuasion. They must engage in comparatively immediate combat. So long as conservatives inattentively conflate philosophizing and partisanship, they will continue to produce partisan vocabularies that masquerade as eternal truth—and partisans unable to respond in a timely manner to shifting times. To win, partisans must know when the weapons of their enemies have changed. Wars—and this is a crucial point to understand—are not won using weapons from earlier engagements. Only armchair soldiers and Conservative Book Club members have the luxury of replaying those battles.

    Neither liberals nor conservatives understand the weapon of identity politics, and the immense destruction it can cause. Identity politics does not simply parse different kinds of people. Identity politics is concerned with the relationship of transgression and innocence between different, purportedly monovalent, kinds of people. Identity politics is not just about who we are, it is about a moral stain or purity that defines who we are.

    The language of stain and purity, of transgression and innocence, is Christian language. Other religions are concerned with these categories as well, but our long familiarity with Christianity in America means that the invocation of these categories by the practitioners of identity politics derives from Christianity, and from Protestantism in particular. Surveys may indicate that America has lost or is losing its religion; the fever of identity politics that now sweeps the nation suggests these surveys are looking in the wrong place and asking the wrong questions. America has not lost its religion. America has relocated its religion to the realm of politics.

    Identity politics transforms politics. It turns politics into a religious venue of sacrificial offering. Ponder for a moment, Christianity. Without the sacrifice of the innocent Lamb of God, there would be no Christianity. Christ, the scapegoat, renders the impure pure—by taking upon Himself “the sins of the world.” By the purging of the scapegoat, those for whom He is the sacrificial offering purify themselves. Identity politics is a political version of this cleansing for groups rather than for individuals. The scapegoat in the case of identity politics is the white heterosexual male who, if purged, supposedly will restore and confirm the cleanliness of all other groups of communities. He is the transgressor; all others—women, blacks, Hispanics, LGBTQs—have their sins covered over by the scapegoat, just as the scapegoated Christ covered over the sins of all the descendants of Adam.

    The theological perversity of replacing the Divine Scapegoat of Christianity with the all-too-mortal white heterosexual male scapegoat does not imply that he is innocent. Rather, in identity politics, the white heterosexual male becomes more than who he really is—a member of a scapegoated group who takes away the sins of the world, rather than a mortal, like everyone else, involved in transgression, and searching for redemption. The mystery of transgression and innocence, however, cannot be resolved at the level of groups, because in reality not one of them is univocally pure or stained. But identity politics stands or falls on the claim that groups are such unities of transgressors or innocents. Therein lies its weakness, at which all the armament allied against it must be aimed.

  • Charles Murray changes his mind. “I want to shut down low-skill immigration for a while.”
  • “Open borders advocates are panicking after the arrest of Irieno Mujihca, the leader of Pueblo Sin Fronteras, a pro-open borders group funded by globalist financier George Soros that has worked to undermine United States immigration policy and sponsor Central American caravans.”
  • Hispanics stick with Trump despite tough border stance.” Despite, or because? (Hat tip: Director Blue.)
  • “Tech reporter Peter Bright has been arrested for soliciting sex with children online. He was employed by Ars Technica until recently. A federal complaint alleges that Bright sought to molest a 7- and 9-year-old and met with an undercover agent for this purpose, at which point he was arrested. It also states that Bright claimed to be in a sexual relationship with an 11-year-old.” Was he a “male feminist” and “anti-#GamerGater”? Of course he was.
  • Twitter suspends Project Veritas for revealing Pintrest block pro-life website Live Action as porn.
  • University of Alabama returns donor’s $21.5 million and takes name off law building, partially over Alabama’s abortion law, but partially just because he was kind of a dick.
  • “Agriculture Dept. Employees Are Really Upset They Might Have to Live Among the Rubes in Flyover Country.”
  • “The folks running The Bulwark must decide which they value more, being conservative or being anti-Trump. They have, I’d argue, already picked the latter.”
  • Texas Senator Ted Cruz and New York Representative Alexandria Ocasio Cortez team up again on a bill to make birth control available over the counter.
  • “Ocasio-Cortez: ‘Everyone’s Pay Should Be Equal, But My Pay Should Be More Equal Than Others.‘”
  • New York Times leftist: “Hey Rep. Dan Crenshaw! If you really cared about 9/11 victims, you would have co-sponsored the 9/11 Victims Compensation fund!” Rep. Dan Crenshaw: “I did.” New York Times leftist: “Uhhhhh….” DELETE DELETE DELETE. (Hat tip: The Other McCain.)
  • Edinburg Mayor Richard Molina indicted on 12 felony counts of voter fraud.
  • “President Donald Trump will award the Medal of Honor to former Army Staff Sgt. David Bellavia later this month, the White House announced Monday, making him the first living Iraq War veteran to receive the nation’s highest military decoration.” (Hat tip: Stephen Green at Instapundit.)
  • We could be heroes, just for one day… (Hat tip: @evangie.)
  • Woman kills boyfriend over alien reptile cult. “Shriner told NJ.com she believed Rogers was a ‘Vampire Witch Reptilian Super Soldier.'” Plus: liquor and firearms! Going to use the “David Icke” tag even though he’s nowhere mentioned, as that’s how I keep track of all the reptoid news…
  • Bad Idea Theater: Netflix Roast of Anne Frank. You’re probably thinking to yourself “Must be The Onion or The Babylon Bee.” No, this is an actual thing that people actually did. (Indeed, Jewish comics seemed to be the driving force behind it.) I suspect it’s only the second unfunniest spoof on the Holocaust, behind Heil Honey, I’m Home, which was also a real thing.
  • I’ve managed not to have any news about Houston rap group Geto Boys in a LinkSwarm ever, and now two pieces drop this week. First, dwarf frontman Bushwack Bill (legal name Richard Shaw) has died at age 52 from pancreatic cancer. Now Scarface, AKA Brad Jordan, is running for Houston City Council. (Hat tip for both: Dwight.)
  • High School Valedictorian’s speech slams teachers and administrators for their utter incompetence and failure. Oh, did I mention it was in California?
  • How to assemble a P-47 on the ground with hand tools.
  • ThinkGeek, RIP.
  • “House Democrats Draft Legislation That Would Make It A Hate Crime To Eat At Chick-Fil-A.”
  • “Did Leonard Nimoy Fake His Own Death So He Could Seize Control of the Illuminati?” I’m gonna go with “No” here…
  • UNMAKE.
  • “England Forced To Crown Donald Trump As King After Strange Woman Lying In Pond Lobs A Sword At Him.”
  • A funny, heartwarming story that doesn’t start out that way at all.
  • I was sad because I had no shoes, but then I met a puppy who had no feet:

  • Could Trump Actually Cut the Bureaucracy?

    Monday, December 12th, 2016

    One of the great conservative disappointments of my lifetime is how the federal government continues to overrun the landscape like kudzu no matter who occupies the White House. Reagan, Bush, Clinton, Bush, Obama, didn’t matter: the size and scope of the federal government always seemed to expand, never contract.

    Which is why it’s thrilling to find out that the incoming Trump Administration is asking questions about the staffing levels (not to mention details like funding levels and statutory authority) at the Department of Energy.

    The Trump Energy Department transition team sent the 74 question memo on Dec. 6. One question asked for a list of all department employees or contractors who have attended meetings on the social cost of carbon, a measurement federal agencies use to weigh the costs and benefits of new energy and environment regulations. Another asked for all publications employees at the DOE’s 17 national laboratories have written in the past three years.

    And the DOE is apparently alarmed at actually having to answer to elected officials. Poor babies.

    There’s been lots of talk about zeroing in on global warming advocates, but Borepatch noticed that many of the questions are all about the Benjamins:

    1. Can you provide a list of all boards, councils, commissions, working groups, and FACAs [Federal Advisory Committees] currently active at the Department? For each, can you please provide members, meeting schedules, and authority (statutory or otherwise) under which they were created?

    If I were at DOE, this first question would indeed set MY hair on fire. The easiest way to get rid of something is to show that it was not properly established … boom, it’s gone. As a businessman myself, this question shows me that the incoming people know their business, and that the first order of business is to jettison the useless lumber.

    6 The Department recently announced the issuance of $4.5 billion in loan guarantees for electric vehicles (and perhaps associated infrastructure). Can you provide a status on this effort?

    Oh, man, they are going for the jugular. Loan Program Office? If there is any place that the flies would gather, it’s around the honey … it’s good to see that they are looking at loan guarantees for electric vehicles, a $4.5 billion dollar boondoggle that the government should NOT be in. I call that program the “Elon Musk Retirement Fund”.

    Could a Trump Administration actually downsize the federal government? I don’t want to place too much weight on this strange emotion I tentatively identify as “hope,” especially since Trump isn’t a movement conservative and didn’t exactly make cutting Leviathan the centerpiece of his campaign. But maybe, just maybe, a man famous for firing people, backed up by full Republican control of congress, just might be able to take on the behemoth of ever-expanding bureaucracy…

    Update: It looks like Borepatch was quoting Watt’s Up With That and somehow fumbled the linkback for it. The Watt’s Up With That post has a lot more information and a rundown of all the DoE questions.

    The Joys of Watching Matt Yglesias Miss The Point

    Monday, February 4th, 2013

    It’s always fun to watch liberals stub their toes against reality. This time around it’s JournoLista Matthew Yglesias who is shocked, shocked to discover that trying to start a small business (in his case renting out a spare house) is wrapped up in bureaucratic red tape. When this was pointed out to him on Twitter, he protested that he had often complained about local government red tape. Fine and dandy, but why is he such an enthusiast for big government at the federal level?

    His dichotomy of thought seems to suggest there are several blind-spots in his understanding of economics (a rather significant drawback for a journalist who regularly write about economics). Watching him fail to draw the obvious conclusions on the baleful effect of big government on small business is almost priceless in its cluelessness. Let’s discuss a few of the many, many ideas that never seemed to have occurred to him, shall we?

  • In ways big and small, every single day is like what Yglesias described for small business dealing with big government.
  • Trudging between bureaucrats, Yglesias should have thought to himself: “ObamaCare will be 1000 times worse for small business than this.” Because it will be. But of course he can’t do that, given what a cheerleader he is for ObamaCare and how he belittled business owner concerns. But it’s always different when it happens to you.
  • The idea that red tape scales (at a minimum) with the size of government does not seem to have occurred to him.
  • And excessive red tape begets excessive local red tape complying with federal mandates.
  • It’s like he never heard of Jerry Pournelle’s Iron Law of Bureaucracy.
  • He complains that the process he had to go through could have been made more efficient. What does he think all those Democratic patronage machine jobs are for?
  • If he’s been writing about economics for years, but is just now discovering the problems of how big government slows down business, you wonder: Does he never get out of DC? He could have picked up the phone and talked to real business owners who work outside the Liberal Reality Bubble and discovered all this many many years ago.
  • Bureaucratic inefficiencies are much like cockroaches: for every instance you see, there are thousands you don’t. And just like cockroaches, they swarm and multiply off in the dark while you’re not looking.
  • I’m going to bet that Yglesias has never read James Q. Wilson’s Bureaucracy.
  • And yet there’s a certain perverse pleasure in watching Yglesias wrestle with the problems of big government and not draw the obvious conclusion. It’s like watching a man hold the 6th piece of a 6-piece jigsaw puzzle, look back and forth between the piece and hole and declare “I just don’t understand!” It’s like watching a blind man suddenly given sight and see the elephant he had been feeling for the first time in his life, then resolutely put on opaque glasses and mutter “No, that can’t be it.” Or like Butt-Head trying to figure out what happened to his TV:

    He can’t figure it out because he won’t let himself figure it out. Too much of his own self-love is tied up in the notion that he’s good because he’s a liberal, and liberals are good because big government is good in and of itself. For every maddening piece of red tape, somewhere out there was a Matthew Yglesias who thought that having government run and regulate something was just a swell idea.

    You do it to yourself, you do. And that’s what really hurts…

    Texas vs. California Roundup: October 2, 2012

    Tuesday, October 2nd, 2012

    Time for another Texas vs. California roundup. First up: The man who moved from one to the other:

  • Chuck DeVore examines the differences between California and Texas. Scariest takeaway? “With one-eighth of the nation’s population, California has one-third of America’s welfare recipients.”
  • A review of the book Crazifornia. Pay special attention to the California bridge tester who couldn’t test bridges because he was up on child sex crime charges.
  • More on how California has underestimated their debt obligations. By an order of magnitude.
  • City College of San Francisco is perilously close to bankruptcy, in part because it employs nearly twice as many faculty as similar colleges and pays them better – yet educates no more students on average, says a new financial analysis of the state’s largest public school. The college got into trouble because, unlike other colleges, it failed to make the budget cuts necessary to keep up with reductions in state funding, never set aside money for its growing retirement obligations, and ‘has provided salary increases and generous benefits with no discernible means to pay for them.'” So it’s like the State of California in miniature. Bonus: Its current budge assumes the passage of Proposition 30.
  • And speaking of propositions, Prop 37, requiring the labeling of genetically modified food, will be a windfall for trial lawyers.
  • Atwater is the latest California town having layoffs and considering bankruptcy.
  • The city manager of Stockton explains why the city had to declare bankruptcy. It’s filled with special pleading for vested union interests: “Nor can we leave the CalPERS state pension system. CalPERS should be reformed, but if Stockton didn’t offer an industry-standard pension plan, we simply would not be able to staff an already challenged police department. It is unrealistic for creditors to posit that Stockton reject existing pension obligations.” Attention anyone thinking of buying California bonds: When it comes to paying you or paying union cronies, you’re going to get the short end of the stick, no matter what the law says.
  • What other California cities could declare bankruptcy? How about San Diego and Los Angeles?
  • More signs the Texas economy is outpacing the rest of the nation.
  • Texas bonds are outperforming the rest of the nation.
  • Texas adds more construction jobs than any other state.
  • Texas cuts crime more than the rest of the nation.
  • (Hat tip: Willisms, City Journal, others.)

    LinkSwarm for April 9, 2012

    Monday, April 9th, 2012

    A LinkSwarm to start your day with:

  • Today’s Democrat calling her fellow Texans bigots comes to you from Rep. Donna Howard (D-Austin).
  • How the story of today’s media transformation is being written by the losers: “We should not expect anything like impartial analysis from people whose very livelihoods—and those of their close friends—are directly threatened by their subject matter.”
  • Want a glimpse of where health care is headed if ObamaCare isn’t repealed or overturned? In the UK, doctors told a woman to find another provider because her carbon footprint to visit them was too large. All two miles of driving worth. (Hat tip: Say Uncle.)
  • Holly Hansen reports on a Williamson County Republican candidates forum. County commissioner Lisa Birkman attended, but her opponent Lee Ann Seitsinger didn’t.
  • “Please excuse Kelly Lee McCarty from her job at the Texas Water Development Board because she was sick and has to spend five days of bed rest. Signed, Epstein’s Mother.”
  • Sen. John Cornyn notes the failure of Obama’s cheeseburger diplomacy with Russia.

  • Mark Davis leaving WBAP?
  • James Q. Wilson, RIP

    Sunday, March 4th, 2012

    I just read that professor James Q. Wilson has died. Wilson studied a wide range of issues, but I was most familiar with his work Bureaucracy, which I reviewed for The Freeman back in 1991. One of the books central insights was that, unlike private enterprise, a government bureaucracy is not driven by incentives, but by constraints. He was also one of the first (if not the first) proponents of the theory that crime was dropping because more criminals were being put into prison, as well as one of the first proponents of the “broken windows” theory of policing, which would later underlie much of the remarkable reduction in New York City’s crime rate achieved by the Giuliani Administration.

    He was an important writer and thinker, and he will be missed.

    Recessions are for the Little People

    Monday, December 14th, 2009

    During the recession, government employees have had to make serious cutba–ha, ha, oh sorry, I could even keep a straight face while typing that. They’ve made out like bandits:

    • “Federal employees making salaries of $100,000 or more jumped from 14% to 19% of civil servants during the recession’s first 18 months — and that’s before overtime pay and bonuses are counted.”
    • 2008: there was only “one career federal worker making an annual salary of $170,000 or more at the U.S. Department of Transportation when the current recession began. Today, 18 months later, there are more than 1,600 career employees making that much.”
    • “In the first six months of the year, the federal government was adding 10,000 jobs per month, and over the recession had grown the ranks of bureaucrats by 9.8 percent. The private sector, during that same period, shed 7.3 million jobs.”
    • “The $448 billion appropriations bill approved last week by the House contained more than 5,000 earmarks, many of which will ultimately benefit the favored few rather than the suffering many.”

    And just think of the additional billions they’ll be able to rake in for cap-and-trade and ObamaCare…