Borders and Swarms

Quoting from the Epoch Times Morning Brief, March 30, 2024, in an article discussing the role of the Judicial Branch in our border policies:

“The U.S. Constitution gives Congress exclusive authority to create policies about the admissibility of individuals to the United States. 

At the same time, the legislative branch [Congress] delegates the power to implement those policies to the executive branch.

The doctrine is a judge-made exception to the Administrative Procedure Act (APA), a federal statute enacted in 1946 that governs administrative law procedures for federal executive departments and independent agencies. The late U.S. Sen. Pat McCarran (D-Nev.) said the APA was “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the federal government.” Theory of Money and Cr... Ludwig von Mises Best Price: $2.46 Buy New $8.54 (as of 06:40 UTC - Details)

Decisions about who gets to enter the United States are vested in the legislative and the executive branches, not the judicial branch.”

The article is essentially arguing, I think, against a Judicial Branch role in immigration.  (The Epoch Times is excellent for their news, opinions and informative movies.)

– – – – –

Some observations:

1.  Congress has “exclusive authority” over who enters the country . . . however – as in so many areas – Congress delegated the power to implement their laws to the President and the Agencies, making them responsible for enforcing the laws.  Which the President and the bureaucrats then often interpret and administer as they see fit, too often unfairly and for political motives, regardless of the original Congressional intent.

Thus Biden’s arguments about Congress needing to “do something” about the border invasion is simply a political game; he is using misdirection while he keeps the border wide open, a border that he and his agencies were supposed to control.  The legislation – and the money – that he claims would solve the problem, and that he blames Congress for refusing to pass, is not a solution at all; as written, it would not stop the invasion, rather it would only formalize and legalize the admission of ever more illegal immigrants and make them easier to “process.”  That bill allows at least a quarter million more every year.  Swarms of them.

2.  According to that Epoch Times article, Senator McCarran wanted to “protect the rights of hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the federal government.”  I see that as the kind of political pandering to “oppressed groups” – and the web of laws that follow – that is contributing to the destruction of America . . .

. . .  because there is no one in America today – no group – whose affairs are NOT controlled or regulated by agencies of the federal government!  It’s no longer “hundreds of thousands” – it’s 330 million of us!

The Road to Serfdom: T... F. A. Hayek, Bruce Cal... Best Price: $3.06 Buy New $1.99 (as of 03:40 UTC - Details) Our Declaration of Independence lays out the reasons that we were seceding from the British Empire.  Among those, it states that the King “has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.”

Isn’t it obvious that what the King did to us in the 1700’s pales in comparison to what our Federal Government does to us now?  Don’t those 500 ABC Agencies in the Executive Branch, with their millions of bureaucrats, control or regulate everything we do, in one way or another?  Yet in our “democracy” we only vote for two of them, the President and the Vice President?  How is that different?  Are we but electing a different kind of “king” – Democrat or Republican, it doesn’t matter – who sends forth swarms to harass us, to tax us, and to control us?

Can we not elect a President who will reform and defang those Agencies?  Even eliminate some of them?

Meanwhile Congress just keeps passing more laws.  Most of them to deal with the unintended consequences, blowback, and negative results of their previous laws.  So many laws that we can never know them all, or understand them.  And then they hand over the interpretation, implementation and enforcement of their swarms of laws to the unelected bureaucrats.  Over whom they have almost no real control.

Read the Whole Article