To restore liberty, kill Chevron

One of the most powerful and profound elements of our nation’s founding was the concept of separation of powers among the three branches of government: president (administrative), Judiciary (SCOTUS), and Congress.  The objective is to protect every citizen from excessive control by an all-powerful government.  The entire Constitution and Bill of Rights are directed at this single goal: protect the individual from his own government.

Further demonstrating their wisdom, the Founders stated that only Congress could levy taxes, fines, and regulations on a citizen and his business.  Then they demanded that representatives and senators stand for re-election on a regular basis so that citizens could vote out those politicians who failed to protect our inalienable rights under the Constitution.

Members of both parties have failed miserably at that task, for decades.

Today, we are faced with the most dangerous enemy to individual freedom we have ever faced: regulators and bureaucrats in the Administrative State.  Sounds ridiculous — how could some milquetoast control us? you might ask.  By steady, creeping control over our lives and businesses through regulation, lawfare, fines, and weaponized bureaucracies.

The expansion in Administrative State regulators began under President Woodrow Wilson over 100 years ago.  Wilson stated that the population was not smart enough, nor moral enough, to make decisions on its own, and therefore needed a federal employee telling its members what to do.  Wilson’s progressive expansion continued and in the 1980s exploded, when the Congress abdicated its sole authority to tax, fine, and regulate to a bureaucracy.  That decision was called Chevron Deference.  This is the source of the malaise we all feel today from a government out of control.

Justice Gorsuch is a renowned scholar on Chevron; he is supported by four justices.  West Virginia v. EPA was the first “win” in defeating Chevron.  There are more cases coming before the Supreme Court.  Lawyers not only use the argument for “separation of powers,” but also have expanded to a question of “civil liberty.”  In this case, liberty is used in the proper context: from liber, meaning “liberty” or “freedom.”

Can we put the genie back in the bottle?  All we can know is that if we don’t try, to the very limits of our ability, the bureaucratic state will create an absolute communist tyranny for us.

The first step in restoring our country is to demand adherence to the Constitution by all elected officials.  This requires every citizen.  The second is to emplace in our Congress only those who will restrict federal incursion in our lives and businesses.  The third is to hire a president who will ruthlessly cut his administrative employment.  The fourth is to overturn Chevron.  The fifth is to not only to stop federal spending, but to reduce it substantially.  The sixth is eternal vigilance by every citizen. 

The willpower of every citizen, working toward a higher principle, is immensely powerful.  Enlighten the people to the true meaning of the Constitution, and they will come together in a single purpose to re-ignite the flame of liberty that burns in every American. 

Jay Davidson is founder and CEO of a commercial bank.  He is a student of the Austrian School of Economics and a dedicated capitalist.  He believes there is a direct connection joining individual right and responsibility, our Constitution, capitalism, and the intent of our Creator.

Image via Picryl.