Monday, April 30, 2012

Crucify Them? What do to about Petty Dictators

We have all seen the mid-level EPA administrator in the video talking about his philosophy of enforcement, which might be summed up as: “We make a few examples and everyone else stays in line.”  And I’m glad that he is no longer in his post, though he should have been fired, not allowed to resign.

The problem is not simply with Mr. Armendariz; it is not simply that he is not a satrap for some absolute monarch, free to interpret the law as he pleases.  (It was clear that he wanted the law to work that way, that is exactly what he said – more than a year ago.  And we must assume that he pursued that policy as much as he was able until this public airing of the video forced him to recant.

What he demonstrated, and the reason why he should have been fired, was that he demonstrated precisely how a nation of laws does NOT work.  Further, I suspect that his actions were an indication of more than the extent to which the Obama administration hates the oil and gas industry.  That hate is relatively insignificant when placed against a much larger issue: the issue of the corruption and abuse of power.

Now the abuse of power is not new; it has been going on for 6,000 years at least.  But it seems as if it has been increasing over the last several years (in the US and world-wide).  While we can debate what it is about power that is so corrosive of morals and behavior, the simple fact is that it is intolerable in a democracy, in any nation that believes that bureaucrats and elected officials are the servants of the people, and that they must be held to strict accountability at all times.

Mr. Armendariz’s video demonstrated at a minimum a flippancy to the rule of law.  It is probably more accurate to say that he believes, as do many in government, certainly many that worked for him, with him, and presumably those he worked for (who did not correct his behavior, but whose hands were forced only when – more than a year after that video, a member of Congress made it public) that the law is what they say it is.  It is all well and good for people to assert that ‘he was just saying this for effect,’ and that ‘he apologized.’  But the fact is that the abuse of power is part of the process of usurpation of power by those in government.  And it must never be tolerated to any degree if we wish to keep our freedoms.

While elected officials are at least subject to recall by irate voters, the bureaucrats who work in the vast regulatory agencies of the federal government are not.  In fact, with the exception of the most senior officers in those various agencies, getting one removed for anything other than clearly illegal activity is difficult at best.  Yet these same regulators have, over time, come to assume the de facto power of Congress.  Legislation is passed creating an office and giving it general powers.  (Sometimes, there isn’t even legislation, simply a decision by the President, as President Nixon did in establishing the Environmental Protection Agency by executive order.)  Once the office is created the bureaucrats expand on these general orders with the crafting of regulations.  The only boundaries on those regulations are the imagination of the regulators, and the willingness of someone to sue them when the regulations become truly onerous.  There is no process of review unless people – citizens – object.  And then you have a citizen or business fighting against an entrenched bureaucracy with all the power of the federal government behind them.

This lack of any serious review of the expansion of powers has stripped the citizenry of real powers and transferred it into the hands of bureaucrats like the would-be petty dictators at EPA.  At a minimum there should be a thorough investigation of the EPA, as well as the dismissal of Mr. Armendariz’s immediate superior.  The nominal Inspector General’s office in the EPA should also be reviewed.  Then Congress must take up the debate of just how much latitude an agency had to draft regulations and what procedures might be implemented to force some sort of real, rather than cursory, oversight of these bureaucrats and petty dictators.

No comments: