Government Litigation and the Need for Reform
https://www.youtube.com/watch?v=joMLIu7bUEE
0:02
Thank you, Mr Chairman.
0:04
When we speak of threats to democracy, it seems to me the ultimate threat is a government that's detached from the will of the electorate.
0:13
When we speak of independent bureaucracies, I think we have to ask the question, well, independent of whom.
0:20
Well, obviously independent of the elected officials who are in turn elected by and answerable to the people.
0:26
So we're talking about the separation of our democracy, the rule of the people from the government that now is in effect running itself.
0:35
It's also then operating not only outside the rule of democracy, the people, but it's also operating outside the bounds of the constitution which gives all legislative powers to the Congress of the United States under the separation of powers at the center of our constitutional architecture.
0:51
Congress makes law but cannot enforce it.
0:54
The president enforces law but cannot make it.
0:57
And the executive authority to pardon me, the exclusive authority to adjudicate disputes that are arising under our laws belong to the judiciary.
1:07
Now, Mr Phillips just told us, well, there's no problem here.
1:10
Nobody's forcing these settlements, but that's not the point.
1:15
The point is these settlements are, are making laws quite independent from the elected representatives.
1:21
It may even be in diametrical opposition to the policies of the elected president.
1:28
That that means our, our government has become a, a law undo it itself.
1:36
Mr Grossman, am I correct that a bureaucracy needs only to collude with like minded pressure groups in order to establish a new rule and enforceable law, Even if it's at odds with the elected representatives of the people.
1:49
In some instances, agencies have in fact done that to adopt legal interpretations that have very serious consequences to regulated parties as well as the broader economy.
1:59
Yes.
2:00
Isn't this a quintessential threat to democracy when laws are imposed not by the elected representatives of the people, but entirely contrary to their wishes as they express them through the vote.
2:12
Yes.
2:13
Yes.
2:14
I think that is exactly right.
2:16
And I think you see that particularly as you pointed out in the, what's called known as the Slush fund settlement context because in that instance, you know, the programs that are being created by these settlements, they may be well and good.
2:29
Some people may look at them and say they are laudable and they lead to good public policy results.
2:33
The problem is they were never enacted by Congress.
2:37
And therefore, again, you have a runaway bureaucracy completely detached from control by the electorate.
2:44
Exactly, not only standing up its own, its own programs with its own policy objectives, but then funding those programs independently of Congress.
2:54
So there is no check and no oversight.
2:55
And by the way, if, if, if it accuses you of violating the law, it is now made by itself, you're held to account in an administrative law court.
3:05
Are you not run by that very same agency?
3:08
That is often the case?
3:09
Yes.
3:09
And then as we get into some of the other issues, if it, if the agency's court finds you guilty of violating the agency's law, the agency gets to decide what to do with those funds that it is now collected from you without the process of due process of law or trial by juries.
3:28
Is that correct?
3:30
Yes, I mean, the money can be directed to third parties.
3:34
And so, you know, when Congress typically enacts a fine, the money goes into the Treasury and then it's subject to appropriations, but under these sorts of agreements, there isn't that type of democratic oversight, Mr Shu, we had a California insurance commissioner many years ago who was forced to resign when he was found to be directing a settlement with insurance companies to contribute to an ad campaign that featured himself as he prepared to run for governor.
4:00
Is that the kind of abuse we're talking about?
4:03
I mean, it certainly could be, you know, and, and by the way, in any other context and he was a Republican, as you pointed out, Chris Christie directed funds from a settlement to his alma mater Republican.
4:16
So isn't this something Democrats should be just as concerned about as Republicans?
4:20
Yes, congressman, that's why I mentioned that, you know, whether somebody is from Atlanta or Media or 1000 Oaks.
4:27
The fact of the matter is that this is a nonpartisan issue.