In
the last couple of weeks, nothing much has floated to the top of the boiling
pot that is life in these United States.
Oh there have been lots of headlines, but nothing that has galvanized
the interest of this particular observer.
Therefore, this piece will today be dedicated to a smorgasbord of
topics.
One
of the subjects that is often mentioned when discussing the Supreme Court of
the United States (SCOTUS) is the “Chevron”
principle. Put simply, this issue deals
with the discretionary authority of federal agencies when administering the
laws passed by the Executive and the Legislative branches of our
government. Here is an excellent article
dealing with Chevron questions: https://www.law.cornell.edu/wex/chevron_deference
. In my thirty-some years of working as a
federal office manager, I had first-hand experience with the consequences, both
intended and unintended, of how much influence federal departments and agencies
have on exactly how properly legislated laws impact American citizens. The
inherent wisdom, fairness, and logic that might be in a law is only as
valid as the governmental department, agency, or civil servant that administers
that law. Much as we see the federal
Judiciary being perverted by rogue federal judges who allow their personal
opinions to override proper constitutional considerations when rendering
judgments, so there are rogue federal civil servants who are large and in charge of actually
implementing federal laws and regulations.
If Congress does a good job of defining
exactly what a law is and how that law should be administered, the
objective assessment of the delivery by civil servants is a relatively simple
task. Unfortunately, much of the
legislation that is passed today is heavy on principle and short on
particulars. This leaves ample
opportunity, or sometimes the necessity, for civil service managers to fill in the blanks and thus heavily
influence the impact of the law being delivered. Much, if not most, of the time, these fill in the blank people are political appointees.
Even assuming the best of intentions, it
is impossible for civil servants to know what was in the mind of Senators and
Representatives when they composed a law.
The best they can do in good faith to accomplish the perceived intent of
legislation is often lacking. But far
worse than that is when a partisan or biased civil servant seizes the
opportunity to bend a piece of legislation towards their own vision. On occasion, this can result in the practical
effect of the law being 180 degrees opposite of the legislation’s clear
intent. This is what Chevron is largely about. How much influence should a federal
department or agency have in the actual
content of legislation? When a legal
dispute arises from the administration of a law and it proceeds to the
Judiciary, how much weight is assigned to the authors (Congress) and much weight is assigned to the administrators (federal departments/agencies)? We as voters must be ever vigilant in the
selection of quality people to represent us in Congress so that good laws are
passed with clear intent and specific administrative instructions. Our Executive branch should be equally
vigilant in selecting quality people to serve in federal departments and
agencies; people who perform their duties based on their job descriptions and
do not have personal agendas regarding their assigned missions.
Fox
News has recently presented an in-depth interview with SCOTUS Justice Neil
Gorsuch. Political leanings aside,
anyone should find this interview fascinating as an inside perspective to how
the chief constitutional arbiter in our nation functions. The interview is available on the Fox News website or can be accessed with a search engine. The two points that resonant with me
about the interview are the Gorsuch pleas for civility in our culture/society
and his call for re-emphasis of civics education in our educational
system. I won’t waste time pleading for
civility; anyone who is paying attention at all understands that civility in
our country is conspicuous simply because of its absence. Civility
needs to begin in the White House, morph over to Congress, infect the
Judiciary, and permeate our population.
Enough said about that. As
Justice Gorsuch poses … How can our youth
practice good citizenship if they do not understand civics? How can criticism, however well intended, be
legitimate if the one criticizing has no basic concept of what is being
criticized? Our votes determine the
quality of our government. Put another
and more painfully direct way…we deserve the government we get. Well taught and non-partisan civics should be
part and parcel of every basic K thru 12
curriculum in this country. These
children and young adults are the ones who will not only choose our future
leaders; they ARE our future
leaders. Should they not implicitly
understand the fundamental basis of our nation and how it was designed to work?
Based
on what you see, hear, and read…how do you think the economy is doing? One’s perception of American economic
performance is a very personal thing; it is tied directly to your own economic
health. But there are objective and
universal standards for evaluating our nation’s economic activity. Here is an interesting article on the
subject: https://www.washingtonexaminer.com/policy/economy/median-income-hit-record-high-in-2018-while-poverty-declined
. For me, the key to a healthy society
is a decent job for every person able to work, a sufficiently-healthy economy
that provides upward mobility for those who exhibit the ambition and drive to
better themselves and their families, and federal policies that place
incentives on actually producing product as opposed to rewarding successful
speculation. A paycheck provides pride,
dignity, and a pathway to self-sufficiency that is the right of every
American. But it is up to every American
to seize that opportunity when it presents itself. This approach does not in any way contradict
the fact that our nation and government must be compassionate and responsible
in how it supports those who deal with economic challenges beyond their
control. But rather than get lost and
dizzy in the swirl of technical metrics for how our economy is doing, I like to
look at worker participation; showing how many able-bodied people are actually
working and drawing a paycheck. I like
to see a reasonable increase in annual wages that, at minimum, keeps workers
even with inflation and, at best, rewards many workers for their performance
with wage advancement. Without putting a
number on it, interest rates should be low enough to allow middle class workers
to afford to borrow for major purchases and acquire an affordable
mortgage. But they should also be
substantial enough to reward those who have been thrifty during their working
lives, saved money for their later years, and rely on some amount of interest
as a reward for their sacrifices. The
national debate over the health of the U.S. economy is going to be a pretty hot
topic between now and November of 2020; use your own common sense to find a
proper bearing on this question and don’t get lost in the flood of agenda-based
statistics that will be hurled at you.
Don’t
miss the next post!
Follow on Twitter
@centerlineright.
I
have written before about the arrogance and conceit demonstrated by some U.S.
Representatives when assessing their own political relevance compared to that
of the President. Whether we like it or
not, it is significant to consider how large an area or how many people are
responsible for electing a particular politician to office. It matters
that a President is elected by all of the American voters, while a
Representative is elected by a county or handful of counties, while a Senator
is elected by an entire State, while patronage appointees are not elected at
all and serve at the pleasure of their appointing official. The vision of our nation’s founders was that
legislation would begin in the House and then pass over to the Senate for
consideration. The House would be the
residence of our citizen legislators;
where they would leave their work, go to WDC for a term or two, reflect the
real life experience of themselves and their peers in their product, and then
return to civilian life. The President
would function essentially as the Chief Executive Office (CEO) and administer the will of Congress, all under the auspices of
the Judicial branch. There is legitimate
debate on how well the original prescriptions of our three co-equal branches of
government serve our nation today considering the evolution of our culture and
society. One of those issues concerns
the numerical size of the House of Representatives; specifically posing the
question as to whether or not the size of the House should be increased. For a revealing insight into one of the two
Legislative branches of our government, read this article about the composition
of current House districts: http://statchatva.org/2017/11/15/u-s-house-districts-are-colossal-whats-the-right-size/
.
And
finally, here is the report submitted by the Department of Justice Inspector
General regarding the former FBI Director James Comey. This is not the House version, or the Senate
Version, or the Republican version, or the Democrat version, or the Left
version, or the Right version; it is the
actual, factual report from the non-partisan Inspector General. The report: https://www.scribd.com/document/423671596/Doj-Ig-Comey#from_embed
. This is what happens when civil
servants go rogue, put themselves above the law, and allow their own agendas to
supersede their job descriptions and oaths of office. This is why laws like FISA are dubious in
their wisdom. As stated earlier in this
post, our government is only as honorable and ethical as the people who serve
in that government. It is a given that
each national party will, upon selected occasions, seek to utilize the
governmental apparatus for their own personal agendas in the furtherance of
their own power and authority. THIS is why we, as American citizens,
should be very reluctant when we cede our personal liberties to
government. The case of Comey and the
Russian Collusion hoax is a classic case of governmental abuse rising so high
up the food chain that nobody was watching the Watchers. It is a fact: Power corrupts and absolute power corrupts
absolutely.
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