Ventura's Venture Against the TSA

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He
called it the "The Fascist States of America" and thrilled
patriots everywhere when he promised,
"I
will never stand for a national anthem again. I will turn my back
and I will raise a fist" after "a U.S. District Judge
dismissed [his] lawsuit against full-body scanners at airports"
on a technicality.

In that suit,
"Governor Jesse
Ventura, a/k/a James G. Janos
… [sought] a declaration that
the TSA [Transportation Security Administration] and DHS [Department
of Homeland Security, the TSA's über-bureaucracy] have
violated Ventura's Fourth Amendment rights by subjecting him to
airport security searches."

Mr.
Ventura added
, "It's really sad … [The judge] claimed her
court didn't have jurisdiction. But this is a constitutional question…"

Actually,
it isn't — at least to Our Rulers. And not just because they're
evil tyrants who spit on the Constitution. They are and they do,
but what Mr. Ventura bumped up against is monstrously worse, something
far more dangerous, entrenched, and systemic. Yet it remains so
incognito and unsuspected that our hero might want to investigate
it for his series, Conspiracy
Theory
, on TruTV.

The culprit
is a totalitarian nightmare known as "administrative law."
And when we victims assume the Constitution reigns supreme, Our
Rulers laugh: they legally (even if unconstitutionally) replaced
it about a century ago with administrative law.

You're undoubtedly
more familiar with "administrative law" by its acronyms:
IRS, BATF, DHS, DEA, SEC, FDA, FCC, FAA, TSA…in other words, bureaucrats.
And yes, with their allergy to common sense, their ineptitude, and
their unfathomable Jargon, bureaucrats are utterly worthless except
as punch-lines. But they're also responsible for most of the despotism
smothering us, with scads of legal triumphs and precedents fortifying
their dictatorship.

Bureaucracies
have cursed Americans since the nation's birth; one even enjoys
Constitutional imprimatur. The Post Office had barely delivered
its first mail when Congress spawned another agency, US Customs
— grossly ironic, given that tariffs and mercantilism had sparked
the recent Revolution.

But few other
bureaucracies plagued the country until the despicable and thoroughly
(dis)"Honest Abe" destroyed the railroads.

When Lincoln
rewarded his cronies in that burgeoning industry with immense tracts
of land and equally immense subsidies for a transcontinental line,
they stopped pleasing customers in favor of toadying to politicians.
Within a few years, rates for shipping wheat were so high and abuse
of passengers so egregious that the outcry afforded government an
excuse to meddle even more. In
1887, it hatched the Interstate Commerce Commission
— the first
"modern" bureaucracy — and "delegated" to it
power it didn't have.

I'd like to
suppose the skies darkened and lamps across the country flickered
at this corruption and outrage. Nowhere does the Constitution grant
Congress any authority whatever over transportation in general or
railroads — and airlines – in particular. And it certainly
never allows Congress to delegate its legislative power:
in fact, Article
1, Section 8 insists
that only Congress shall "make all
Laws…necessary and proper for carrying into Execution…all other
Powers vested by this Constitution…in any Department…"

But the Progressives
then rising to cultural power and political
office adored Leviathan
. They portrayed the beast as mankind's
nurturer and benefactor rather than the dire predator the Founding
Fathers had feared. And they
despised the Constitution leashing that beast
as much as the
"ordinary" Americans whose freedom it protected revered
it. So rather than openly repealing the thing, Congressional Progressives
worked around it by delegating more power they didn't have to more
agencies.

The Constitution
purposely divides government's three functions — making laws, enforcing
them, and judging those who break them — while seriously hampering
the first. Legislating is slow and cumbersome precisely so that
an exhaustive and exhausting legal system can't enslave us. And
the division of power helps restrain the Feds.

The Progressives
deliberately overturned that. They sought to "streamline"
government and make it more "efficient" by combining those
separated functions in the most inefficient of all Rube Goldberg
machines, the bureaucracy. And so "administrative law contains
all the statutes, judicial decisions, and regulations that govern
[bureaucracies]. It is the body of law created by administrative
agencies to implement their powers and duties in the form of rules,
regulations, orders, and decisions," says
West’s Encyclopedia of American Law
. Astounding, isn't
it? Agencies write the laws that empower them to write laws. They
set the rules of the game they play against us, enforce those rules,
and judge us when we violate them in "administrative hearings."
Meanwhile, a single agency in a day can churn out more laws — euphemized
as "regulations" – than Congress can all year.

Nor does that
end the evil. Progressive courts have created a fallacious, profoundly
anti-constitutional dichotomy to support the bureaucratic regime:
they pretend that actions agencies pursue are administrative
rather than criminal. Therefore, they allege that Constitutional
prohibitions of such horrors as warrantless searches don't apply
since the document protects us from overweening police power,
not overweening government in general.

Agencies, you
see, are benevolent. The FDA secures us against filthy food and
dangerous drugs; it's not trying to imprison anyone, goodness, no!
Likewise, the TSA guarantees our safety on planes — and on trains,
busses, ferries
, and Tennessee's
highways
. It lacks punitive intentions; it's our friend.

Ergo, we can
trust bureaucrats and allow them wide discretion — though virtually
anything they do, even pedophilia, is kosher so long as they claim
it helps them fulfill their mandate from Congress. These presuppositions
make the Bill of Rights completely irrelevant because it
guards us from punitive government, whereas agencies are trying
to protect, not punish, us.

The fact that
bureaucrats ruin lives, that people
languish in prison
thanks to "administrative" searches,
is as irrelevant as our rights. Congress arrogated to itself the
unconstitutional power of delegation while pronouncing bureaucracies
beneficial, and clowns in gowns winked, so we overlook the inconvenient
reality of political prisoners.

These legal
theories permeate and poison American government and jurisprudence.
And though our grandparents muttered mutinously as the bureaucratic
hold on them tightened in the 1920's and u201830's, there is no longer
any juridical debate: Our Rulers long ago settled it to their satisfaction
with the Administrative
Procedures Act of 1946
(which supposedly curtailed agencies'
control over us while actually increasing it) and other sops to
the serfs. Continuing to call for Constitutional rights under the
bureaucratic regime is like expecting Sabbath services in Bergen-Belsen.

Mr. Ventura
viscerally grasps this, as do most of us, even if we can't explain
the "legal" maneuvers behind it; he
mourned
, "My case clearly shows that the Bill of Rights
doesn't exist anymore. There's nowhere to go to remedy grievances.
It's phony, a fraud. … I could have gotten equal justice in Cuba."
Indeed. Progressives aren't the only authoritarians to recognize
bureaucracies as the handiest tool for tyrannizing citizens. Communists,
socialists, democrats, and fascists do, too.

What would
have happened had the court heard Mr. Ventura's case? The same thing
that has happened in other,
similar ones
: it would have ruled in the TSA's favor, implicitly
relying on Congress' delegation of power it never had — power that
is virtually limitless under the administrative regime. The TSA
can do as it pleases, providing it asserts such criminality helps
it carry out Congress' mandate to "protect" transportation
— and its perverts take care to constantly prattle just that preposterous
justification.

So long as
we sue the TSA — or any bureaucracy — for violating our Constitutional
freedoms, courts will rule against us and smirk while they do. The
remedy for administrative law's totalitarianism lies in abolishing
bureaucracies, not pleading with Our Rulers to defend us from them,
pretty please.

November
15, 2011

Becky
Akers [send her mail] writes
primarily about the American Revolution.

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Best of Becky Akers

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