Comments on: The Administrative State: A Crack in the Foundation of Liberty http://www.inforipple.com/2010/04/the-administrative-state-a-crack-in-the-foundation-of-liberty/ exploring the tension between liberty and law Fri, 03 May 2013 04:47:51 +0000 hourly 1 http://wordpress.org/?v=3.5.1 By: Adam http://www.inforipple.com/2010/04/the-administrative-state-a-crack-in-the-foundation-of-liberty/#comment-490 Adam Sat, 02 Jul 2011 17:36:53 +0000 http://www.inforipple.com/?p=140#comment-490 Great article. I like how you explained how the existence of these administrative agencies undermines the concept of separation of powers. It seems that a lot of the growth in the 4th branch of government came as a result of neglecting the principle of federalism. As the national government took powers that were previously allocated to the states (e.g. welfare, education, agriculture, etc.), it needed agencies to administer its new laws.

]]> By: Quincy http://www.inforipple.com/2010/04/the-administrative-state-a-crack-in-the-foundation-of-liberty/#comment-232 Quincy Mon, 07 Jun 2010 03:55:53 +0000 http://www.inforipple.com/?p=140#comment-232 Sorry for the delay in responding. You’ve probably long since had your meeting. I’ve been thinking about your question, and I don’t know if I have a good answer. There are some problems with applying the above arguments about the administrative state in the context of legal advice to a city council. One problem with administrative agencies is that they exercise the power of the constitutional branches of government with a large amount of autonomy. From your description, this isn’t happening with the lawyer and the city councill–the lawyer just has a lot of influence. Is there is anything in the Provo municipal code that limits the involvement of non-council members in city council discussions?

The best argument I can think of is that allowing the lawyer to dominate city council discussions violates the principle of democratic representation. By kowtowing to the lawyer, the council members are failing to live up to their responsibilities as representatives.

]]> By: El Berto (Lithuanian for The Berto) http://www.inforipple.com/2010/04/the-administrative-state-a-crack-in-the-foundation-of-liberty/#comment-184 El Berto (Lithuanian for The Berto) Fri, 30 Apr 2010 18:32:33 +0000 http://www.inforipple.com/?p=140#comment-184 You piqued my interest when mentioning the 4th branch of the federal government. I plan on challenging the Provo City Council to fire their attorney. He’s getting paid six digit figures and is jokingly known among those I associate with as the 8th council member. He regularly speaks more than the council does at times in meetings and seems to me merely a legal yes man for the council to pursue stupid legislation with his approval. Ya got anything on court cases or statutes or whatever you use that might help me throw some zingers at the council? He’ll be there too when I say it so this ought to be entertaining.

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