It’s The Constitution, Stupid — Administrative Rule Be Damned!
September 27, 2013 by Curt Chancler
US~Observer editor’s note: Today, the “man behind the curtain” controlling everything in local, State and Federal government is administrative law and its agents. Administrative officials are not elected; they are appointed. And. in reality, they are running our government without any accountability or means by which the public can redress grievences, except on rare occasions. For decades now, elected officials in America have been hiding behind the deceitful cloak of administrative government, which allows them to routinely violate their oaths of office. While this article deals with Jackson County, Ore., it may as well be a boiler plate for every community. This can no longer be tolerated. We need to re-establish the Republic and demand accountability from our elected officials.
History shows us that great minds throughout the ages realized that every free governing body must have three powers to exist:
- Legislators to create laws.
- An executive branch to enforce the laws.
- And a judicial branch to adjudicate violations of those laws.
The Magna Carta, or the Great Charter of 1215, was the first significant recognition of the importance of separation of powers and the right of a trial by a jury of your peers. Almost 500 years later, in 1748, French philosopher Baron de Montesquieu published his theory on the separation of powers. Montesquieu is credited with denoting separate functions of government as legislative, executive and judicial.
Montesquieu’s theory makes it crystal clear that when one person or group possessed all three powers, only tyranny and its closest companions (cruelty, oppression and dictatorship) could survive.
Many of the framers of our Constitution were taken with Montesquieu’s theory on the separation of powers. They believed separation prevents the concentration of all three powers in the hands of one person or group, which is recognized as the mother of tyranny.
In researching the history of the separation of powers in present-day America, the first thing that just jumps out at me is the scope and aggressiveness in the efforts of government officials. They blatantly violate their oaths of office while openly pursuing the elimination of our Constitutionally guaranteed Bill of Rights.
The governments created by the Federal and State Constitutions were by intent and design to be protectors and servants to their creators.
To change their roles in the lives of the American people from servant to master, these governments must create a shadow government. These governments must have the appearance of Constitutionality and silently blur or even erase the boundaries that separate the three powers of our Republic.
That shadow government began when the Administrative Procedure Act was created in 1946. This was done for the sole purpose of disarming every American of their Constitutionally guaranteed right to due process of law, leaving the people in this country defenseless against government’s attacks on every aspect of our lives, from our children to our property rights. Even now, I cannot believe it was not created and implemented by the USSR.
The Federal and State governments’ introduction of the administrative process into our republic will destroy our country if not stopped. Sighs of the erosions of our rights and freedoms are visible everywhere and growing.
Taking a close look at city and county governments and their unConstitutional administrative processes, it is unavoidably apparent they are much more openly blatant about the criminal violations of their oaths of office. There is evidence of the conspiracies that go on between our elected officials and the administrative and judicial branches of our governments.
In Jackson County, Ore., in 2003, past County Commissioners Jack Walker, Sue Kupillas and Dr. Dave Gilmore created chapter 294 of the county’s codified ordinances. Chapter 294 implements a hearing process that denies citizens Constitutional due process defense in the county’s quasi-judicial process.
Present-day Commissioners Don Skundrick, John Rachor and the always willing to make an ass out of himself Doug Breidenthal have been told in public meetings, by phone, by email and in person that they are in violation of their oaths of office. Some of these violations stem from the Commissioners’ performing all three functions of government: the legislative, executive and judicial. They all support and allow continuance of Chapter 294 of the codified ordinances.
Just to show the contempt these Commissioners have for their oaths of office and the people they have a sworn duty to protect and serve, you only have to read from the county’s official website.
Jackson County’s home page pictures Skundrick, Rachor and Breidenthal and states: “The commissioners serve as the Executive Branch and perform legislative and the quasi-judicial function of the county.”
This documentation from the County commissioners is very plain; your Constitutional rights are no longer observed, protected or even recognized in Jackson County.
The commissioners openly admit they are the executive branch of county government. They have the authority to run the county government as they see fit and to enforce the arbitrary and unConstitutional laws and ordinances they have created. They also control the legislative branch of county government.
Citizens of Jackson County no longer have a judicial branch of government; they have chapter 294 of the codified Jackson County’s experiment in creative adjudication.
They call it their unConstitutional quasi-judicial fourth branch of government. It works really well for government because like the Fed’s Administrative Procedure Act, the city’s and county’s administrative processes also eliminate most Constitutional due process rights, the right to a jury trial, the right to Article lll courts, the right to an elected judge, the right to face your accuser, the right to an appeals court and many more.
Jackson County’s justice system was replaced with Donald Rubenstein, a hearings officer, not an elected judge. In fact, he works at the pleasure of the County commissioners.
If you are brought before him because you have received a citation for violating one of Jackson County’s ordinances, he and he alone will determine your guilt or innocence with no substantive appeal from his decision. He will make findings of fact and conclusions of law, and he will impose fines up to $10,000 a day for noncompliance. He can put a lien on your home and shut down your business with the swipe of a pen, and he does so without hesitation.
There seems to be no end or limit to the arrogance of everyone involved in this unConstitutional scam. Jackson County compliance officers hold no law enforcement certifications, yet can come onto your property without a warrant if they feel you are not compliant with county law or ordinances.
Some historians claim the separation of powers concept took 1,800 years to evolve. Yet when Montesquieu published his theory on the separation of powers in 1748, it took only 41 years for our Founding Fathers to recognize the merits and protections of the separation of powers. The people of the late 1700s had fought to free themselves from the king’s tyranny and began to formulate the new Constitutional republic. That document clearly stated, in its first three articles, the importance of the separation of powers. Article I lays out the powers and duties of the legislative branch, Article II the executive branch and Article III those of the judicial branch.
History is clear that when any one person or group controls all three branches of government, freedom will be lost and tyranny will reign supreme.
We gained our freedom from a tyrannical King in eight years. That freedom lasted for 230 years. Yet it took only seven corrupted, duly elected Jackson County commissioners, two county administrators and a handful of county attorneys 10 years to unwind 230 years of American history, wiping out huge amounts of freedoms that Americans have been fighting and dying for since 1775.
We must rid ourselves of these “treasonous bastards” now by demanding accountability, or we should simply just tell our children and grandchildren, “Sorry, good luck.”