Jeffrey A. Tucker, Supreme Court Targets the Real Enemy

By Jeffrey A. Tucker

The flurry of rulings from the Supreme Court has everyone’s head spinning. The most significant among them, even if it doesn’t capture all the headlines, is West Virginia vs EPA. The majority opinion is impressive but the part I found truly wonderful is the concurring opinion by Neil Gorsuch. This is where we see things headed, toward a major and much-welcome curbing of the power of the administrative state.

Just to review what this thing is, it is the unelected bureaucracy that rules the country without oversight from voters or legislatures. For well over 100 years, most courts have given it a pass, just assuming that the “experts” in the bureaucracies are handling things just fine, faithfully interpreting legislation, and merely creating rules for easy compliance.

Generations have gone by as this 4th branch of government has grown in size, scope, and strength. For the most part, its baneful impositions have been felt by one business or one industry at a time. You have heard the stories. The car dealer complains of how the Department of Labor is making him crazy. The machine-parts manufacturer is going bonkers about letters from the Occupational Safety and Health Administration. The energy company can never satisfy the Environmental Protection Agency.

They are stories and we find them unfortunate but we’ve generally avoided thinking of these as systematic, all pervasive, and truly dangerous to the idea of freedom itself. However, there are some 432 of these agencies. The authors of the Declaration of Independence noted their existence back in the day when they accused the English king of having “erected a Multitude of new Offices, and sent hither Swarms of Officers to harass our People, and eat out their Substance.” They fought a revolution to end the tyranny but now we have a home-grown form, starting in 1883 with the Pendleton Act and continuing throughout the 20th century as each new administration creates its own bureaucracy.

The thing has taken on a power of its own. Strangely, the topic hardly comes up at all during elections, and this is for a reason. Politicians running for office like to advertise their power to make change. They might even believe it. In reality, elected officials have very little influence over the conduct of public life relative to the administrative state. As Trump found it, not even the president is a match for the deep state.

Here is what has happened since March 2020: the beast showed its face. Seemingly out of nowhere, these strange agencies and people for whom we never voted were ruling our lives. They restricted travel, forced us to cover our faces, closed our churches and schools, and forbid our businesses from operating unless they were big enough to afford a powerful lobbying arm in Washington. The whole scene was appalling. It caused many people—including some earnest judges—to take notice.

Once you see the problem, you cannot unsee it.

Consider the problem with inflation alone: it is largely the responsibility of the Federal Reserve, which is among the most terrifying of the deep-state agencies. This thing was founded in 1913 with the promise that it would end “wildcat banking” and contain the expansion of money and credit so that we would have a more stable economic environment to encourage growth.

Even now, people believe that the Fed is going to somehow fix recessions and inflations, even though a deeper analysis reveals that the Fed itself is the cause of both. The Fed cannot be both the problem and the solution, surely. This is becoming as obvious as the fact that the CDC cannot make a textbook pathogen go away with power and potions.

Let’s take a quick look at the supposed 2 percent inflation target of the Federal Reserve. It might seem to you that they have long ago blown past this such that it is entirely cosmetic. But the Fed has a little trick up its sleeve. It says it doesn’t follow conventional inflation indexes like the Consumer or Producer Price Index. It is fancier than that. It follows instead the index of Personal Consumption Expenditures. And sure enough when we look at the PCE, we find that the Fed is pretty good at its job!

All that changed recently when the PCE itself blew up. Now the Fed has been revealed to be utterly incompetent, in a way that is not different from the CDC, NIH, DOL, DOE, DOT, HHS, DHS, FTC, SEC, and all the rest of these glorified 3-letter agencies employing nearly 3 million people who cannot be fired or controlled. The unique feature of our times is that the expert class in government has been unmasked as fakes at best and unrelenting menaces as worst.

Here is where the Fed’s preferred measure of inflation stands today:

Epoch Times Photo
(FRED/Jeffrey A. Tucker)

So much for competence at the Fed! And yet, how exactly is this institution supposed to be controlled? We don’t vote for them. The Fed board is appointed by the president with Senate approval but this control is mostly mythical. The fancy economists run circles around the political actors with big words and fancy finance, so what can they do but approve?

The political class too often acts like absentee owners of a far-off land: they have little choice but to trust the hired landlords to do a good job. That’s the administrative machinery that has become the real power, not only implementing the policies but making and enforcing the rules too.

With COVID, this whole scam was revealed to absolutely everyone—not just to small businesses but to every single individual and family in the United States. The whole bureaucracy announced to us what they have always believed but rarely said: your life is not your own. Your job is to comply. And so this raises the fascinating question of what precisely are we going for here and what kind of society and government do we want? Surely this should be up to the people!

The Supreme Court in its most recent decision was dealing with a technical aspect of how regulations applied to a coal plant, but the implications of the decision are much larger. The EPA was determining policy, even making it, riffing wildly on legislation with the presumption that courts will always and everywhere defer to the agency over industry and even over the words of the legislation. The court said no: it was the EPA that had been operating illegally all along.

This decision is so startling because it shows a Supreme Court doing what it is supposed to do, serving as a legal check on the power ambitions of government itself. That’s what the framers intended. We’ve just begun, however. The Court needs to attack the whole machinery of the deep state at its very root, going after “Chevron deference” (1984), the Public Health Services Act (1944), the Federal Reserve Act (1913), and stretching all the way back to the Pendleton Act (1883). A nation ruled by a faceless deep state is not a representative democracy and it is not consistent with the U.S. Constitution.

When you consider the implications of this one decision, they are awesome. It doesn’t just apply to the EPA and its elaborate plans for changing the global climate through command and control. It also applies to every other agency, including the CDC and even the Federal Reserve itself. They all should be accountable to the people through their elected representatives. If we cannot get back to that system, we will lose everything.

Jeffrey A. Tucker

Jeffrey Tucker is founder and president of the Brownstone Institute. He is the author of five books, including “Right-Wing Collectivism: The Other Threat to Liberty.”
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6 thoughts on “Jeffrey A. Tucker, Supreme Court Targets the Real Enemy”

  1. Yes, this SCOTUS has done a good job, in this opinion, and in Roe in particular. And with hints coming from Justice Thomas that there is more of the same to come. But I think the job, of getting this country back under its rule of law – its Constitution – is too big even for them. That would require them to roll back the crime that has been committed by an ‘expansive’ interpretation of the 14th Amendment, which in effect turned the Bill of Rights upside down, and made it apply FROM the FEDERAL government TO the STATES – when it never says, or intended to do, any such thing. It’s a long story, involving a legalistic-sounding bit of sophistry called ‘incorporation’. Not to mention that the 14th was never properly ratified in the first place. Nor, apparently, were a couple other of the Amendments to the federal Constitution. And then in our day there is the illegal election to the office of the POTUS of BHO, who is not a ‘natural born’ citizen, according to the definitive tome of the day of the constitutional Framers on such nation-building matters, E. de Vattel’s ‘The Law of Nations’. Which is a person “born in the country, of parents who are citizens” thereof. Which also rules out K Harris for the office of VP which she currently occupies. But then, the Nov. 2020 elections were stolen, anyway; so the current administration needs to be turfed out in any event. And on it goes – the litany of illegality involving our national government. And including the U.S.A. Inc. that was slipped in in the late 1800s; which also needs to be turfed out. All in all: A larger job to get this country back under the rule of law than one might realize, at first blush. But necessary. Otherwise, we are living under arbitrary law. Another word for which is tyranny.
    Or we leave the whole mess behind, and enter into a new form of governance more closely aligned with our essential natures, as ‘spiritual beings having a human experience’. Now, THAT would do the job. Permanently.

    1. Yes, Stan, the US is a failed nation. It has allowed the politicians and citizens to use the nation state as their playtime sandbox. Get it all back together? I doubt this can happen…there has been too much lawlessness for that to happen.
      That sandbox was and still is loaded with not sand but tons of money….more than they knew what to do with.

      Money is at the root of all evil and the US is one certified evil place. This was caused by the insanely high taxes.

    2. Obama’s bio mother was an Indonesian ”bar-worker” at Leaderer’s Bar in Hawaii [ the building is still standing]. His bio father was one of her customers….also an Indonesian. Obama is 100% Indonesian…there’s not one drop of either black or white blood in him. His tribal ancestors are from the Island of Java- part of Indonesia. Dunham was a regular customer at Lederer’s Bar and knew Obama’s bio mother. Ann Dunham is not the bio mother of Barack.
      So, who told me all of this? It was author researcher Jerome Corsi who had gone to Hawaii and talked with many people who knew the entire group of people who knew the facts about Obama and his history. Do you recall that Obama mentioned that he had an old folded up Birth Cert….that he kept in a book? That BC has never been seen by the public. That BC gives his real name. Obama’s official life story is total fiction….are you surprised?

      Obama was the biggest sick joke to ever sit in the Oval Office. He’s both a Muslim and a dedicated Communist.

      The File photo shows his ”respect” for the Oval Office, let alone the presidential oak desk. His hated for the US is nonending.


      1. We now know why BHO asked Biden to be his VP. He knew that Joe was easily corruptible and mostly on the dumb side.


  2. The newly nominated Court Justice is Jackson. She can walk and talk but she’s missing just one thing…..a brain.

    During the nomination Hearings she said she could not define a female. Well, cook my grits, I didn’t have a college course in biology but I do know what’s a female. I must be a genius. Do any of our dear readers know what’s a female?


  3. The EPA (“Environmental Protection Agency” — what a laugh!) is as crooked as a corkscrew. Ten years ago I called them up to find out if they were monitoring chemtrails which were causing major air pollution at the time in L.A. The “expert” they connected with said that there were no such thing as chemtrails, they were contrails — jet vapor — the old line of garbage. Contrails are actually much higher and briefer in duration and don’t stretch from horizon to horizon and crisscross each other like a spider web as chemtrails do. And these chemtrails have been shown to contain deadly aluminum oxide by many scientists worldwide, the ones not bought off the New World Order. Anyway, I pressed him on all this and he said, well, even if there were actually chemtrails instead of contrails, they weren’t dangerous. Talk about a double whammy! When I asked him what his college degree was in top justify his opinion, and he said Rhetoric, not Science, he was just a public relations man. Why do those EPA crooks need a p.r. man to lie for them? Too dainty to do it themselves? (Later I talked to an actual EPA scientist who told me they don’t test for chemtrail chemicals like aluminum oxide because there’s no reason these would be in the sky — another total scam.) What a bunch of conmen, bribed and controlled to the hilt! If there were any justice left in this country, the EPA and its signifying monkeys would be tried for fraud, treason, and complicity in genocide.


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