THE DEEP STATE is a synonym for the permanent political class. They are the unelected bureaucrats who are appointed, but do not stand for reelection. It poses a problem when an outgoing administration in effect leaves a Deep State in the form of thousands of unelected officials who often impede or negate the reform measures of a newly elected administration. In the United States, the original Deep State came about through executive orders and congressional laws that enlarged the executive branch with a huge bureaucracy. Through the powers given to the courts to create fiat law and executive power granting control to the military industrial complex, America is becoming more of an oligarchy in the form of a Deep State rather than a federal democratic republic.
MILITARY INDUSTRIAL COMPLEX is an extension of the Deep State. This became a popular term with President Dwight D. Eisenhower’s warning in his 1961 Farewell Address: “[W]e must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists, and will persist.” The concept of the “military-industrial complex” describes a conspiracy between generals and tax-funded defense contractors who enrich themselves through endless wars.
FIAT LAW in the United States is any law that is established without the consent of the US Congress. Both the federal courts and the executive Deep State agencies that overstep their constitutional bounds have gradually co-opted the sovereignty of the American people. This first describes the problem of judicial activism at the federal level, which are laws created in the form of court decisions. Federal courts were created to interpret law. However, in the early days of our republic, the process of judicial review was established. The difficulty comes when a court rules on whether a law is unconstitutional or constitutional, thereby making not a mere decision, but a de facto law in itself. Thomas Jefferson was worried about the judicial branch overstepping its bounds and becoming an instrument of tyranny. In his “Letter to Judge Spencer Roane, November 1819,” Jefferson stated, “The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they may please…. Independence can be trusted nowhere but with the people in mass.”
EXECUTIVE ORDERS are fiat laws established by the president. In his eight years in office as president from 1789 to 1797, George Washington issued eight executive orders regarding directions to federal officers and the military. Such broad powers over the military by the commander-in-chief are implied in the Constitution. However, in the years after the US Civil War, presidents from both political parties have issued over 14,000 executive orders to expand the executive branch into a monstrosity. These federal agencies have imposed thousands of rules and regulations that are de facto laws. Article I, section 1 of the US Constitution states that “all legislative powers shall be vested in a Congress of the United States.” The words “all” and “vested” mean these powers cannot be surrendered to any other branch of government. Only the legislature is invested with the power to pass laws. However, the president has the power of veto over congressional legislation to provide a counterbalance. The Constitution mandates that the president shall be our chief executive. The Constitution does not authorize him or any executive agency to be our chief legislator. Congress cannot delegate legislative functions to the president. Congress has given policy setting functions to regulatory agencies. By allowing executive agencies to function as legislative bodies, the US Congress is neglecting its constitutional duty. This violates the first sentence in the body of our constitutional law.
18 Adapted from “An Interview with Howard Phillips.” God’s Law and Society (DVD). https://www.forerunner.com/law/howard.
Glossary Headings
Political Theories
Modern Political Movements
Forms of Government
Modern Political Counterfeits
Political World Orders
Culture and Society
Epistemology
Globalism
Regional and Global Organizations
World Reserve Currency
World Financial Organizations
Globalist Think Tanks, Theories, and Doctrines
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