Administrative Law â€“ An Unconstitutional Route to Perdition
By: Keith Allison
As some of my readers may remember, I do an awful lot of research into government activity and constitutional issues; and that research most often leads to a disclosure about government corruption that really puts a knot in my knickers. One of the issues that seems to chap my hide the most, is governments use of unconstitutional â€œadministrative law.â€ While there is no provision in the Constitution for administrative law, our legal and judicial systems have embraced this concept with open arms. In reality though, it appears to me that the sole purpose behind this so-called administrative law is to deprive American citizens of their constitutionally guaranteed rights.
When you read the U.S. Constitution, you will invariably find where the Founding Fathers specifically stated that â€œOnly the legislature has the authority to enact any rules, orders, statutes, etc. with the force of law behind them.â€ And, since any rule, order, statute, or anything else that is legitimately enforceable by government must first comply with constitutional dictate, the courts have held that any rule, order, or statute that fails to do so is unconstitutional not just from the time of its having been declared unconstitutional by a court, it is, in fact, unconstitutional from its inception. Because of the very unconstitutionality of such laws, the courts have also held that â€œno one is bound to obey or enforce any unconstitutional statute.â€
Another thing Iâ€™ve learned through all of my research, is that not only is the legislature the only constitutionally legitimate purveyor of statutory law, the legislature does not have the constitutional authority to arbitrarily, or otherwise, delegate that legislative authority to any other government entity or person. The court has also stated in Miller vs. U.S. 230 F 2d 486, 489, that â€œThe claim and exercise of a Constitutional right cannot be converted into a crime.â€ Hugo Black, one of my favorite Justices proclaimed, â€œThe public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judgesâ€™ views of fairness, reasonableness, or justice.â€ But, like most everything else, many of our presidents, attorneyâ€™s general, legislators, bureaucrats, lawyers and judges contemptuously do what they want in spite of constitutional proclamations.
Therefore, I believe my readers should be able to fully comprehend my consternation when I ran across a missive from an element of Washington State Government that unequivocally proclaimed its right to refute both the U.S. and Washington State Constitutions. The edict of which I write came from the Washington State Department of Health where they stated, In part, â€œWACâ€™s (Washington Administrative Laws) are written by boards, commissions, etc. and have the force of law behind them.â€ Now unless my ability to understand the English language has degenerated to the point of totally malfunctioning or complete degradation, I believe that statement is in utter derogation of the constitutional mandate that only the legislature has the authority to enact statutes, orders, etc. with the force of law behind them. For all intents and purposes, it also appears to me that our illustrious leaders, bureaucrats, jurists and attorneyâ€™s have forgotten the courts proclamation that no government entity has the authority to change the Constitution through a mere legislative act. In short, for any such proclamation to pass constitutional muster, it must first change the Constitution through the amending process, not a simple act of the legislature. But, until the U.S. Constitution is amended regarding the lack of bureaucratic authority to enact legislation, amending the Washington State Constitution would be a useless task.
So, what is the public to do about this abomination of constitutional authority? The only thing that makes any sense to me, is to depose any president, attorney general, legislator, bureaucrat or judge who disobeys the Constitution and/or their oath of office from government service. And, for those private attorneyâ€™s who hold the Constitution in such contempt, they should be immediately disbarred. And that my dear friends, is precisely what 26 other independent individuals and myself are trying to do. We have written a lawsuit against elements of Washington State Government, the American Dental Association, The Washington State Dental Association, the Washington Denturist Association and individuals and their marital estates for violating federal and/or state statutes related to fraud, extortion, conspiracy, racketeering, constitutional and anti-trust statutes. We were unable to obtain the assistance of any attorney with the intestinal fortitude to take on a case like this, so we filed it ourselves.
To date, the federal judge has issued a Civil Case Number for our case, and we are waiting for him to issue a trial date. We recognize, of course, that political pressure may be brought to bear and the judge will toss the case into the circular file. However, no matter what happens on this case, we will at least know that we did our level best to help begin returning our government to the republican form of government the Founding Fathers willed to the people of this nation.
Knowledge is the key that unlocks the shackles of bondage.