(Brownstone Institute)—It is clear to me that we are increasingly being governed by an “Administrative State” instead of by our chosen representatives. Indeed, we are more and more becoming a “Regulation Nation” which is a true threat to our Constitutional Republic.
What do I mean by that? I mean that we are being governed by regulations and rules issued by administrative agencies, instead of being governed by laws duly passed by our elected officials.
Why does that matter? Because agencies are run by unelected, government bureaucrats who are beholden to nobody but the person who appointed them. They don’t care what the voters think or want or don’t want. They don’t need to care. They don’t need your vote to stay in power. They only have to appease the politician(s) who appointed them. If they just follow the yellow brick road, they will land on the other side of the rainbow.
Shockingly, some legislators are okay with this, because it allows them to escape any sort of responsibility or blame for an unpopular (or illegal) rule that is implemented by the bureaucrats sitting in the agencies (you know, the ones with no accountability to us voters). But, legislators should not only care, they should actively work to stop the Administrative State, because not only do many of these “regulations” usurp a legislator’s law-making power, but they are wholly unconstitutional!
You will remember from grade school Social Studies class that our government is comprised of three, co-equal branches: the Legislative branch (senators and assemblymembers who make our laws), the Executive branch (governors and the president who are supposed to enforce our laws), and the Judicial branch (judges and courts which adjudicate our laws). Each branch has its own powers and authorities, as bestowed upon them by our Constitution. Any power that is not delineated in our Constitution is reserved for the people. Remember my long-uttered phrase that, the Constitution was written to keep the government in check, not to keep we the people in check!
There is no fourth branch of government. There is no branch called the Administrative State. There is no authority in the Constitution to have agencies that make rules/regulations that employ the force of law. And yet, we see at the federal level as well as at the state level, Executive branches that are chock full of bloated, power-hungry agencies that have given themselves an astonishing amount of never-authorized-by-the-people power. In many cases, those powers are unconstitutional, meaning the agency did not have the authority to make the rule or do the thing they are doing (or trying to do).
Let me give you a few real-life scenarios so it’s easier to digest.
For starters, my quarantine camp lawsuit is a perfect example. For those not familiar with this case, what happened there is that the NYS Department of Health (DOH) issued an “Isolation & Quarantine Procedures” regulation. The head of the DOH is a commissioner who is appointed by the Governor. Everyone that works for the DOH is unelected. They do not need to listen to voters wants and needs. Quite presumably, if the Commissioner or any of the government workers below him don’t do the bidding of their “boss,” then their days at the DOH would surely be limited.
So, what happened in my quarantine case is that the DOH created a wholly unconstitutional regulation (Rule 2.13) that allowed them to pick and choose which New Yorkers they could lock up or lock down. That could have been forced isolation in your home, or they could have removed you from your home and put you into a quarantine facility of their choosing. For however long they wanted. With no notice. With no right to an attorney until after you were locked up. With no procedure for you to regain your freedom once you were incarcerated.
There was no age restriction, so they could have taken you, your child, your grandchild… And they didn’t even have to prove that you were sick, or that you had even been exposed to a communicable disease! Guilty until proven innocent.
The DOH gave themselves this phenomenal power. If that is unclear what I mean there, I will explain. The DOH wanted this unbridled power to be able to control 19 million New Yorkers with the stroke of a pen, but the NYS Legislature wouldn’t give it to them in the form of failed Assembly bill A416 (because the legislators knew it would be political suicide). So, the DOH simply made Rule 2.13 and gave themselves the power they wanted, anyway. No legislative consent given. No voter input had. Zilch. A clear breach of Separation of Powers. A clear affront on our Constitution. A perfect example of the “Regulation Nation” as run by an Administrative State.
This was the most unconstitutional regulation I had ever read in my 25 years of practicing law. It was an attack on the very basis of our freedom, and a dangerous chipping away at the bedrock of our free society…a government by the people, and for the people. Without question, I knew I had to stop it.
So, I sued Hochul and her DOH on behalf of a group of NYS legislators (Senator George Borrello, Assemblyman Chris Tague, Congressman Mike Lawler) together with a citizens’ group called Uniting NYS. Our argument was clear: the DOH does not possess the power to make a law, and this was surely a law, despite the fact that they called it a regulation or rule. It conflicted with the Constitution. It conflicted with NYS law. As Assemblyman Tague said at a press conference we held when we first filed our lawsuit in 2022:
This policy’s aim to forcibly isolate law-abiding citizens is reminiscent of actions taken by some of the ugliest tyrannical regimes history has ever known. It has no place standing as law here in New York, let alone anywhere in the United States. Policies as dangerous as this should be debated and scrutinized in a public setting by elected representatives, not quietly slinked through regulatory approvals.
In July 2022, the Judge ruled in our favor and struck down this stunning display of tyranny. You can read that decision here. Of course Hochul and Attorney General Letitia James appealled the court’s decision so they could try to get back that heinous power. In November of 2023, the appellate court dismissed our case for lack of standing (a true dodging of the merits of a lawsuit if I ever saw one). So, now I am appealing that calamitous decision to the Court of Appeals (our State’s highest court).
I have done numerous interviews about my quarantine lawsuit and this “Regulation Nation” phenomenon, and you can access some of those on my website, www.CoxLawyers.com. One such interview was with Steve Gruber on America’s Voice Live, and can be accessed HERE.
About the Author
Bobbie Anne, a 2023 Brownstone Fellow, is an attorney with 25 years experience in the private sector, who continues to practice law but also lectures in her field of expertise – government over-reach and improper regulation and assessments.
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
