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Yes, There is One Way to Control Renegade Bureaucrats

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Our colleague Mark Fitzgibbons co-author, with CHQ Chairman Richard Viguerie, of the e-pamphlet “The Law that Governs Government,” has new article out in The Washington Examiner making the case that there is one way, and one way only to control renegade bureaucrats and that is to allow citizen victims to sue, and legislate personally liability for bureaucrats guilty of willfully illegal conduct.

Fitzgibbons makes the case that bureaucrats can be smug because they lack consequences. They have no “skin in the game.”

And Fitzgibbons is not alone. Law professor Glenn Reynolds over at Instapundit is among those who believe that government officials need more civil and criminal liability for their bad acts. There are some private remedies on the books, but they are too weak to be effective.

Law professor Jonathan Turley describes the larger problem this way: “Our carefully constructed system of checks and balances is being negated by the rise of a fourth branch, an administrative state of sprawling departments and agencies that govern with increasing autonomy and decreasing transparency.”

In Fitzgibbons analysis courts long ago abdicated proper judicial review over government agency discretion and overreach. Now we have a Justice Department that is ideologically opposed to enforcing the law when government acts illegally.

Congressional oversight can no longer control the scope and depth of the problem. Bureaucracies are so big with so much discretion that elected officials are overwhelmed by the Frankenstein monsters of their own making.

Attempts to limit government agencies through the Regulations from the Executive in Need of Scrutiny (REINS) Act, or closing loopholes in laws such as the Freedom of Information Act are about as effective as peashooters against a Death Star battle station.

In America’s first 100 years, federal officials could be sued in state courts for acting beyond their authority. In his book Creating the Administrative Constitution, Yale law professor Jerry Mashaw chronicles how this helped temper bad behavior.

Until government bureaucrats face the consequences of meaningful remedies, they will continue to act like America's untouchable class.

If the GOP were serious about tackling government abuse, it would initiate legislation now and even add private remedies to its platform. That would have wide support from the public.

Go to The Washington Examiner’s “How to control the IRS and America's untouchable caste of bureaucrats” to read the full article. If you believe, as we do, that arrogant bureaucrats have become America's caste of untouchables, then join the remedies movement by demanding Congress and your state legislature enact personal liability for bureaucrats guilty of willful illegal conduct.

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Taxation without representation

Bureaucracies like the EPA and IRS filled with unelected bureaucrats that exercise power to regulate/legislate our lives are perfect examples of taxation without representation.