The Unconstitutional Administrative Procedure Act & Dictatorial Tyranny in the U.S.
The Administrative Procedure Act (APA) of 1946, now U.S.C.A. §§ 501 et seq., governs the way in which administrative 'agencies' of the government invent and enforce 'regulations'. Pursuant to APA, these 'agencies' claim to have the authority to legislate, adjudicate and enforce their rules and regulations, effectively creating a separate non-representative government completely outside the control of the voter and citizen.
Roosevelt, who was largely part of the problem stated that the APA "threatens to develop a fourth branch of government for which there is no sanction in the Constitution."
The Administrative Procedure Act, according to many political experts of the day, and still to this day, established the groundwork for tyranny and dictatorship in the United States: Foster H. Sherwood, University of California, writing about The Federal Administrative Procedure Act for The American Political Science Review, Vol. 41, No. 2,in April, 1947, hit the nail on the head when he stated:
The administrative process is essentially dangerous in that it ignores the traditional American theory of the separation of powers, a principal protection against tyranny and dictatorship in the United Slates.
The administrative process is frequently unfair since it permits the functions of prosecutor and judge to be discharged by the same individual.
Established after the Federal Reserve Bank caused the Great Depression and World War's, while America was exceptionally vulnerable, APA literally created formal dictatorial private agencies that control every aspect of the nation.
Although a number of administrative agencies had been created during the nineteenth and early twentieth centuries, no federal 'law' at the time governed the conduct of these agencies. The agents were entirely subject to the highest laws of the land, the Constitution and Common Law. In 1936, President Franklin D. Roosevelt formed a 'President's Committee on Administrative Management'. The Committee's report found that these government agencies were "irresponsible" and that they had been given "uncoordinated powers." Moreover, the report characterized administrative agencies as a "headless 'fourth branch' of government.". So Roosevelt formalized their existence.
Eleven Federal government departments existed prior to Lincoln's Morrill Tax War in the 1860's (Incorrectly referred to as the Civil War). Between 1865 and 1900, six additional agencies were created. Seventeen additional agencies were created in the early 1900 before 1930 and eighteen more were established as part of Roosevelt's 'New Deal' during the 1930's. At the time of enactment of the APA, there were nineteen executive departments and eighteen independent agencies, the number of immediately increased to over fifty federal agencies. The IRS, FDA, Homeland Security, FCC, APS, CPS, SEC, etc. are examples of the treason established under the APA.
Perhaps most ironically, employees of this non-representative APA government take an oath to uphold the Constitution. Clearly none of these traitors to the people and Constitution ever bother to read the Constitution.
The APA in section 551(1) defines an "agency" as "each authority of the Government of the United States, whether or not it is within or subject to review by another agency". These 'Agencies' are unique governmental bodies, exercising powers characteristic of all three branches of the United States federal government: judicial, legislative and executive. These Agencies completely ignore the Constitutional mandates for due process and trials, replacing the law of the land with "inspections, conferences and negotiations" conducting their own prosecution, hearings, adjudication, orders and punishment.
The following extract directly from APA U.S.C.A, illustrates the extraordinary treasonous nature and construct of the Administrative Policies Act. APA literally hands all government functions to the dictatorial whim and control of the 'agencies' who are completely outside the control of we the people:
PART I - THE AGENCIES GENERALLY, CHAPTER 5, SUBCHAPTER II - ADMINISTRATIVE PROCEDURE, §551. Definitions.
For the purpose of this subchapter -
(1) ''agency'' means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include -
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia; or except as to the requirements of section 552 of this title
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; subchapter II of chapter 471 of title 49; or sections 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix;
(2) ''person'' includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) ''party'' includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) ''rule'' means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing;
(5) ''rule making'' means agency process for formulating, amending, or repealing a rule;
(6) ''order'' means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing;
(7) ''adjudication'' means agency process for the formulation of an order;
(8) ''license'' includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission;
(9) ''licensing'' includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license;
(10) ''sanction'' includes the whole or a part of an agency -
(A) prohibition, requirement, limitation, or other condition affecting the freedom of a person;
(B) withholding of relief;
(C) imposition of penalty or fine;
(D) destruction, taking, seizure, or withholding of property;
(E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;
(F) requirement, revocation, or suspension of a license; or
(G) taking other compulsory or restrictive action;
(11) ''relief'' includes the whole or a part of an agency -
(A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy;
(B) recognition of a claim, right, immunity, privilege, exemption, or exception; or
(C) taking of other action on the application or petition of, and beneficial to, a person;
There is probably no other Act that more completely violates the Constitution and lawful construct of government in the U.S. APA violates almost every paragraph of the Constitution:
Listing the complete violations of the Consultation by the Administrative Policies Act:
Violation of Article. I. Section. 1: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." - The APA authorizes individuals and agencies to legislate and make law outside of Congress.
Violation of Article I, Section 2: "Representatives and direct Taxes shall be apportioned among the several States" - The APA authorizes un-apportioned taxes.
Violation of Article I, Section. 7. "All Bills for raising Revenue shall originate in the House of Representatives" - the APA authorizes agencies that are not the House of Representatives to raise revenue.
Violation of Article I, Section 7: "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it." - The APA allows agencies to make law completely outside of the government!
Violation of Article I, Section. 8. "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States" - The APA authorizes agencies outside the formal U.S. government to lay and collect NON UNIFORM taxes, duties, imposts and exercises, to pay debts and provide for the common undermining of the Defense of citizens, and establishing tyranny in the U.S.
Violation of Article I, Section 8: "To borrow Money on the credit of the United States" - the APA authorizes a government outside of the U.S. government to borrow money on the credit of the United States.
Violation of Article I, Section 8: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" - APA assumes a right to regulate commerce within the States which is not a part of or authority granted under the Constitution. The regulation of commerce referred to in the Constitution relates to commerce crossing borders, which may not be taxed "No Tax or Duty shall be laid on Articles exported from any State." - Article I, Section 9, and an regulation of commerce is further limited "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken." - Article I, Section 9. The APA sets up agencies outside of Congress that not only regulate commerce with foreign Nations, the Several States and Indian Tribes and within the States themselves, these agencies literally invade and occupy foreign Nations, States and Tribal Lands. Furthermore agencies such as the CIA are the largest drug peddling organizations in the world! Departments of motor vehicles even claim to have a right to license the explicit right to travel. Rights are rights, they are not privileges.
Violation of Article I, Section 8: "To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures". Although the 'Federal Reserve Bank Act' was unlawfully passed in 1913 and is the root cause of the passage of the APA since the Fed was utilized to initiate and propagate the Great Depression and World Wars, the APA in effect, also attempts to endorse the private company, the Federal Reserve Bank, which makes money and regulates the value there of. Although, it should be noted that the Fed does not 'coin' money, they print it and enter it into their computers at will.
Violation of Article I, Section 8: "To provide for the Punishment of counterfeiting the Securities and current Coin of the United States" - Congress, according to this Article is responsible for Punishment of counterfeiting the securities and coin of the U.S. which according to this Article of the Constitution, Congress is to carry out by calling forth the Militia "To provide for calling forth the Militia to execute the Laws of the Union" - Article I, Section 8. However, the FBI, which, according to the APA § 551 (1) (A) does not include the Congress, punishes people who counterfeit U.S. coin and securities. The establishment of agencies like the FBI and CIA violates the Constitution and builds armies outside the control of we the people. The latest extra-terrestrial government actions is to simply hire mercenaries like Black Water to commit crimes against people around the world in the name of the U.S. government.
Violation of Article I, Section 8: "To establish Post Offices and post Roads" - Article I of the Constitution defines Congress' responsibilities. The APA establishes agencies outside the control of Congress to establish Post Offices and Roads, they have even sold the Post Office to the Rothschild's. (One must ask what these agencies outside the U.S. government do with the billions of dollars they collect when they sell things like the people's Post Offices or the radio waves).
Violation of Article I, Section 8: "To constitute Tribunals inferior to the supreme Court" - the APA simply sets up it's own tribunals, laws, adjudication, order and punishment for these independent agencies outside the control of Congress and we the people. Furthermore, it should be noted that the judiciary, themselves have jumped in on the feeding frenzy and they too simply establish their own tribunals to monitor themselves such as the Judicial Nominations Committees. However, perhaps the most interesting and outrageous judicial act was the judiciary inventing 'infractions' or 'tickets' which are bills of attainder made payable to the very court the judge mugging the public works for. Was the judiciary's treason in this regard a consequence of the APA handing the same powers to agencies?
Violation of Article I, Section 8: "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water" - Agencies such as the CIA themselves declare war and make their own rules concerning captures on land and water, committing atrocities in the name of the U.S. even violating the Geneva Convention and torturing their victims. Further developments in this area is the government funding private mercenaries such as Black Water to do the same.
Violation of Article I, Section 8: "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years" - The APA agency, the CIA, raises and supports armies completely outside the control of Congress and they have been doing this for decades.
Violation of Article I, Section 8: "To make Rules for the Government and Regulation of the land and naval Forces" - Under the Constitution Congress is responsible for making rules for the government, the APA takes this responsibility from Congress and hands it to agencies outside of Congress and the government.
Violation of Article I, Section 8: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions" - The APA completely bypasses Congress and the people's Militia to establish their own private armies and agencies to execute the Laws of the Union. The APA effectively establishes insurrection of the government and invades the Nation. The Militia is responsible for executing the laws of the Union not the FBI, CIA, CPS, APS, FCC, SEC or any other 'private' agency.
Violation of Article I, Section 8: "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings" - The Constitution is not ambiguous, Congress exclusively has legislative power over Federal land, however, agencies like the DMV, FBI etc. exercise legislation over Federal jurisdictions. Congress is set aside by the APA.
Violation of Article I, Section 8: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." - The APA removes exclusive law-making from Congress and hands it to departments, offices and agencies established by the executive office and the judiciary or even County Boards of Supervisors. The Administrative Policies Act effectively eliminates Congress and it's exclusive law-making right. Presidents make law with Executive Orders, the Judiciary makes law from the bench by claiming they have a right to interpret law to mean whatever they say it means. These scores of APA agencies make their own laws, rules, regulations, licenses, fines, fees, punishments and they seize what they want. Clearly the APA is the most unconstitutional Act ever passed, it invades and destroys the United States of America, any individual working for an APA agency is involved in armed insurrection against the United States of America - ironically they take oath's to uphold the Constitution!
Violation of Article I, Section 9: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." - The APA sets up a judicial system that is completely outside the control of Constitutional law, these agencies have their own courts, rules and laws, their employees probably do not even know what a Writ of Habeas Corpus is. APA sets aside the privilege of the Writ of Habeas Corpus and establishing a government outside of government and a judicial system without any checks and balances. Agencies such as the IRS make their own arrests, they have their own courts, they make their own laws, literally going as far as proclaiming 'guilty until proven innocent' as their modus operandi. The IRS which has absolutely no lawful authority what so ever to collect taxes is a government to itself and a criminal enterprise far worse than the Italian Mob. The APA is no only utterly unconstitutional, it is treasonous and an invasion of everything the Constitution stands for, the APA is tyranny and dictatorship defined.
Violation of Article I, Section 9: "No Bill of Attainder or ex post facto Law shall be passed". Almost all APA agencies pass bill of attainders and ex post facto laws. Tickets and fines are their means of mugging the public. These tickets and fines amount to bills of attainder assuming guilt of the victim and the prosecution of non-crimes.
Violation of Article I, Section 9: "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken" - the APA establishes agencies who themselves invent direct tax and capitations to levy un-proportionally against we the people. Frankly, it is astonishing that the U.S. citizens could allow themselves to be so utterly screwed without rising up against these criminal enterprises who call themselves the IRS, FBI, CIA, CPS, APS, SEC, FCC etc. The APA has built dictatorial agencies that are armed to the teeth while they consistently attempt to disarm the public and lay capitation and other direct taxes on the people.
Violation of Article I, Section 9: "No Tax or Duty shall be laid on Articles exported from any State." - Agencies such as the Franchise Tax Board and other agencies violate this Constitutional mandate every day. This government attempts to tax Internet transactions.
Violation of Article I, Section 9: "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another." - Try shipping alcohol or cigarettes across State lines which pursuant to the Constitution prohibits any tax or control on these or any goods. If you purchase a vehicle in another State, the vehicle is from another State, pursuant to the Constitution, and the government or any agency may not force the owner to pay any duty or registration fee on the vehicle. The APA sets up agencies that violate this Constitutional manage by forcing vessels to clear and pay duties when they are from another State.
Violation of Article I, Section 9: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time." - The APA establishes agencies that raise revenue, however, these agencies keep their own accounts outside of the Treasury! They are government's all to themselves, without consequence of any law other than what they make up themselves! Furthermore these agencies act in secret and cover up what they do with the money they collect. Try and find out what happens to expenditures and revenue these agencies collect, the Constitution dictates the government regularly publish their accounts, however like the thieves, they are they keep everything in the dark.
Violation of Article I, Section 9: "No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State" - Does the APA recognize the British Accreditation Registry, the 'State' BAR? Is the BAR considered a part of the 'agencies' that are authorized to adjudicate, prosecute and punish under the APA, or is the BAR a foreign entity to itself? Regardless, the BAR who's members loose citizenship pursuant to the 13th Amendment and Article 1, Section 9 and 10 of the Constitution, violate the Constitution by swearing allegiance to the British Accreditation Registry and by taking on the title 'Esquire'.
Violation of Article I, Section 10: "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility." - The APA 'authorizes' agencies outside of the government to pass and issue bills of attainder in the form of fines, tickets and penalties. APA allows these agencies and '4th branche of government' to emit bills of credit, to make law impairing the obligation of contracts, and to make ex post fact law.
Violation of Article 1, Section 10: "No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports" - The APA establishes agencies that without the consent of Congress lay imposts and duties on imports and exports. These agencies are attempting to tax purchases made from one State to another over Internet.
Violation of Article 1, Section 10: "all such Laws shall be subject to the Revision and Controul of the Congress" - The APA takes revision and control of laws and hands them to private agencies, completely violating the Constitution and establishing dictatorial powers to agencies that are not only outside the control of Congress, they are completely outside the control of we the people.
- Violation of Article 1, Section 10: "No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay." - The APA establishes private agencies that have their own Troops in time of Peace such as the FBI and CIA who also enter into Agreements and compacts with foreign Powers and engage in War when not invaded. The government is taking this even further instead of these government agencies, they are now hiring, with tax payer funds, private mercenaries such as Black Water to invade and occupy foreign Nations. This government is as bad, if not worse than the other Rothschild's funded former governments such as Hitler's Nazi Germany and Stalin's USSR. It is only a matter of time before this government will wage war against their own people with the use of private armies like Black Water. The government has even imported foreign troops into the U.S. for this very purpose and constructed concentration camps across the nation to carry out their New World Order plans. This is not our government, the APA sets up dictatorial and tyrannical powers outside of the government. The APA is not only unconstitutional it is high treason.
What is astonishing is that Americans have put up with this APA insanity and compete and absolute violation of the law embodied in the Constitution for six decades!
To suggest that the Administrative Policies Act is Constitutional, one would have to be retarded, or more likely be a criminal benefitting from one of these criminal agencies who act under the color of law. It is astonishing that this is literally what is going on in Government in the United States. No wonder the U.S. is the Worlds Worst Prison State, no wonder the people are being forced to work six to eight months of their year to pay the employees of these agencies.
Are independent agencies who assume the authority to make their own law and enforce it along with fines, licenses and the seizure of citizens property and citizens liberty something we the people should in the least bit tolerate? The Constitution in Article 1, Section 8 dictates: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions". We don't even have a Militia any more to enforce the law.
Do Administrative Agencies claiming legislative, judicial and administrative power under the Administrative Policies Act amount to anything les than insurrection and the invasion of the U.S.?
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