Sunday, August 28, 2011

Administrative law: where the TSA gets its power

Becky Akers explains how administrative law has made the Constitution irrelevant:
Administrative law “allows for the creation of public regulatory agencies” — that’s “bureaucracies” to you and me — “and contains all the statutes, judicial decisions, and regulations that govern them. 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. And yes, you read that circular reasoning right. Agencies draft the laws that empower them to draft laws: They write the rules of the game they play against us.
...The TSA also demonstrates what happens when someone challenges a bureaucracy in court. The Electronic Privacy Information Center (EPIC) filed a lawsuit to stop the TSA’s irradiating of passengers with its porno-scanners — but the bench found that forcing passengers to submit to naked examination is indeed constitutional.

If you don’t know about the Second Set of Books, that ruling is so absurd you can only assume the three justices deciding the case had savored the marijuana that barred one of them, Douglas Ginsburg, from the Supreme Court. But if you realize that virtually anything bureaucracies declare necessary to carry out their mandate from Congress is “constitutional,” you’ll understand how adults literate in English can possibly wring permission for government’s goons to ogle us from the Fourth Amendment’s clear prohibition of warrantless searches.