Texan Michael Cargill had to endure a so-called bureaucratic colonoscopy. It was an experience of the deep state that he would not have had in, say, 1971. That's because his tormentor was the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which didn't exist until 1972. What's the problem?
They sought to revoke his Federal Firearms License (FFL). problem?
No, he didn't peddle illegal guns or give them to drug cartels. It was Operation Fast and Furious (run by the ATF itself) by the Obama administration. Rather, the problem is, as commentator Mike McDaniel writes:
(Cargill) made several small paperwork errors on Form 4473, which is required when purchasing guns through FFL dealers. In some instances, I misread the blank space in “county:” for “country” and wrote “USA” instead. Cargill didn't catch it, but ATF inspectors, who couldn't find any actual violations, scrutinized the 4473 that dealers were required to keep line by line and tried to strip Cargill of its license. This type of thing is known in law enforcement as a “chicken(***)” crime. Strictly speaking, it's a petulant, petty move that destroys public support for law enforcement, and from the perspective of an honest, ethical police officer, it's foolish.
In other words, the message was the same one implicitly conveyed through Operation Chokepoint. (This was an effort by the federal government to destroy gun companies by “debanking” them.) So:
We don't like guns, we don't like the Second Amendment, and we don't like gun dealers. And we will use any technique, no matter how picayune, to destroy someone in the industry.
The good news is that the Texas Public Policy Foundation filed a lawsuit on Cargill's behalf in 2022. Then, just last week, the foundation announced that the ATF had finally reversed its policy (another effect of Trump's presidency).
America after the establishment of the Constitution
However, while it is natural for Cargill and others to be happy about the victory, what was the war like? Ultimately, this case was just one example of a broader problem of unconstitutional federal agency and bureaucratic overreach.
Another outrageous example, which I reported just over a year ago, is that the National Oceanic and Atmospheric Administration not only requires federal observers on fishing vessels, but also forces fishing vessel owners to pay upwards of $700 for observers. It was said to have been forced. per day. (Of course, this raises the price of the fish we buy.) But this brings us to an even bigger question.
Why does this kind of bureaucracy exist in the first place?
In other words, it is estimated that 80% of what makes up today's federal government is unconstitutional. And is this surprising? After all, the 10th Amendment states:
Powers not delegated to the United States by the Constitution, or prohibited by the Constitution to the States, are reserved to the States or to the people, respectively.
And there isn't much delegated to the federal government (the Constitution isn't very long). But the Washington monster has been metastasizing for more than a century, since the so-called “Progressive Era” (wrong?). This was also the point at which the federal bureaucracy began to take on the character of a fourth branch of government. Things got so bad that with the Chevron Doctrine, which began in 1984, courts even gave federal bureaucrats broad powers to “interpret” the meaning of ambiguous laws. (This idea was finally overturned last year.)
So is it enough to refuse the beast as a meal? Or kill?
However, rather than fighting “bureaucratic overreach,” it is better to simply get rid of overreaching bureaucrats. The good news is that President Trump is seeking to abolish 19 federal agencies. Sample (courtesy of The Hill):
Chemical Safety Board National Social Services Corporation Corporation for Public Broadcasting (funds PBS and NPR) African Development Foundation (sends our tax dollars overseas) National Endowment for the Arts National Endowment for the Humanities United States Institute of Peace Homelessness U.S. Interagency Council on Woodrow Wilson International Center for Scholars
Note that the issue here is not whether these organizations are pursuing laudable goals. Maybe. Their involvement is unconstitutional. Such functions can and should be handled privately or at the state level.
Why not think bigger?
However, the above people are still just players in a small big government. What's even more troubling is that government agencies have an even more profound effect on us. For a short list, consider the following provided by LONANG Institute.
illegal enforcement department
Agricultural Education Energy Health and Welfare Services Housing and Urban Development
You can also add the following to the above:
Consumer Product Safety Commission Equal Employment Opportunity Commission (EEOC) Environmental Protection Agency (EPA) Department of Energy National Labor Relations Board
Now, some of you might say, “Oh!” “These agencies perform an important function!” But again, eliminating federal involvement does not mean that their function will no longer be performed. In fact, it would likely be better implemented without violating the Constitution.
For example, consider the Department of Education and the EPA. Each state already has its own education department and EPA-like department. Probably all large cities, many counties, and other municipalities as well. Why such wasteful duplication when the various tiers of government are all doing the same thing? And in the classic “too many chiefs, not enough Indians” scenario? Note also that these may contradict each other.
Plus, who cares more about Arizona's environment than Arizonans? Who cares more about the education of Maine's children than the state of Maine? Would outsourcing these responsibilities to a nameless, faceless bureaucrat 1,000 miles away yield better results?
Of course, none of this solves the problem of poor state-level governance (looking at you, Gavin Newsom). That's a point for another day. However, if you have a really good idea that you want to implement, it's probably an even better idea. It's about implementing it at the local or state level.