Thursday, August 25, 2022

Bureaucratic power

Many people are concerned about bureaucrats running the country instead of elected officials and the recent student loan forgiveness plan is an example. This comes about because congress writes the laws but others, mostly bureaucrats, interpret and enforce the laws. The recent student loan program is a good example. The White House says the president has the power through the Department of Education using the following excerpt. The department can: “...modify, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right of redemption.” The preamble to that quote is: “In the performance of, and with respect to, the functions, powers, and duties, vested in him by this part, the Secretary may—" So far this is clear as mud. Experts say that the department can only change the law if congress authorizes the change and this is why the courts will decide this issue. The bureaucrats have become so powerful that many changes require the courts to step in so instead of having government by the people through their elected representatives we have government by the courts. This is only the most recent example of a long string of cases going back many years but getting more common each passing year.

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