Chevron will Stop the Catastrophic Failures of the Administrative State

The Polite Left Started this Civil War for Personal Gain. The result? The end of Democratic Process, and Impending Economic Collapse

The openness of a society, its willingness to permit creative destruction and the rule of law, appear to be decisive for economic development - Kenneth Arrow, Nobel laureate in economics, 1972, when the Nobel meant something

Stock market gains shifted Wednesday from Operation Prison Camp to small caps. For the past two years, 90% of the gains have been digital because of the over-arching green-fascist plan to wrench man into an enhanced-human experience in 15 minute cities. The shift is significant because it is a sharp move to the positive. Small caps have massive under-utilized capacity and it is there, and only there that real growth can happen. Since Covid, multinationals, the wedded partners of Agenda 2030, have lost the confidence of the public. No one trusts Big Pharma, Big Ag, Big Government any more. The WEF, UN and WHO are hated and rightly distrusted. The digital titans building a digital prison, 15 minute cities and Agenda 2030/50/90, are widely seen as demonic, destructive.

The inexorable repression, the slow squeezing of the human into more a malleable, vegan, bug eating, docile, collectivist robot will not work. We aren’t accepting it. The rage, the anger, the mockery, the ascendance of Trump, of MAGA, of right-wing, anti-government populism all across the world is all down to this. The ideas don’t work. All they do is create anger, rebellion, division, and crime. And depression, drug addiction, women refusing to marry and have children, the direct end of humanity. Why have children when the rest of your life means being squeezed into a smaller and broker version of yourself?

The glitch is here: the polite left, the Ivy educated, the ones who think they know better, have circumvented the constitution, the balance of powers, and created a super-state, an entirely Prussian monster, a throwback to the days of Kings, the Star Chamber and tyranny, an abrogation of all power to themselves. They judge themselves, they never suffer consequences for their failures. Across the board, they have placed themselves above the law.

Their fate will be the same as Charles 1, who tried the same thing, beheaded in public.

Philip Hamburger, America’s acknowledged expert on the Administrative State, and the man who brought down Chevron, points out, “the gain in popular suffrage has been accompanied by disdain for the choices made through a representative system and a corresponding shift of legislative power out of Congress.”

The overturning of Chevron came in the most humble of clothing. In the Atlantic fishery, the government wants to make sure, correctly, that the fishery isn’t being depleted by over-fishing. So the government forced all boats to have a government official on board at all times. This cost $700 a day, paid by the boat owner, and for many it eliminated any profit they might make. The statute was silent as to who paid that bill, and so the government said the fisher paid. No recourse. No other solution.

If the statute is silent or ambiguous, the bureaucrat decides. Law deference. This translated to near everything. Agencies could decide what they wanted to do. They could create law, enforce it, and if challenged and brought before a judge, could cite Chevron Deference. In the absence of clear direction from Congress, the bureaucrat was all-powerful. And when it came to the facts of the case, the bureaucrat decided what facts were the real facts. Fact deference.

Chevron, brought and won in 1984 by the Rockefeller-founded Natural Resource Defence Council, (NDRC) was all about the Rockefeller push to sequester resources from “the people” and de-develop the earth in order to “save” it. Chevron morphed fast into destroying the economy in order to “save” it. It was the first incursion into American governance in the plan to create a World Government, a massive over-arching Administrative State that would control everything not nailed down.

The knock-on effects were legion, literally demonic and beyond counting. It moved power into the homogenized class of Ivy Leaguers who think they know better and actually know nothing about real life. It severely threatened civil liberties, it gutted the judiciary, it gutted Congress, it put all the power in the executive, the office of the President who directed the agencies. It made Congressmen and women into fundraisers and stripped them of their primary duty to collaborate while writing statutes. It made them trivial showmen. It stripped the will of the people from their government.

And it was deliberate. Peter Orszag, Obama’s Director of the Office of Management and Budget stated that “America needs to overcome the resulting “gridlock of our political institutions by making them a bit less democratic”.

The foundational idea that humans need to be restricted, the population drawn down because of resources, is dead wrong. It is the stated purpose of every tyrant who ever lived, afraid of the power of his or her people. It flies in the face of reality. Every single problem man experiences can be solved, given enough self-determination which leads to creativity. And accountability. That doesn’t work? Fine, let’s try this. Until something works. Creative destruction is necessary.

But today, there is no accountability. No one has suffered for the failures of Covid, the Russia Hoax, the Afghanistan withdrawal. No investigation ever turns up a culprit. Nothing is fixed. Everyone guilty is quietly cashed out and vanishes into a life of ease. Agency bureaucrats are more powerful than the most autocratic rulers who ever lived. And everything they do turns to crap. They succeed at nothing. They have almost bankrupted the entire world with their debt. We need MOAR. MOAR TAX MONEY NOW. SHUT UP SHUT UP OR WE WILL JAIL YOU. They are monkeys throwing excrement, frantic as everything they try, fails. Even the attempt to assassinate Trump failed.

Chevron Deference started all this. It was an artful, sleazy, triumph for the enemies of democracy. It meant that in any situation the government always won. If you questioned the statement by government that there is no water for your housing development, your ranch, your farm, asserting that it hadn’t been investigated properly, any politician or judge would shrug and say, “The Department of Interior’s hydrologists say so”.

Development ended.

As wearingly repeated in Absurdistan, in the 1970’s the Ministries under the Department of Interior were twisted towards preventing growth. This followed on from the formal policy introduced by Henry Kissinger, a Rockefeller pet and puppet, and formally adopted by Richard Nixon, that the American population must be drawn down otherwise we would run out of resources. From then on, all science asserted by Interior’s scientists and engineers bolstered the policy that we were using too many of the earth’s resources and had to be stopped. If you questioned the science, your local councillor or representative would have to shrug and say, sorry. Fact deference. The government decides the facts. You don’t.

If you took them to court, judges were forced to say, the government is right. Law deference. Which gave all the power to the administrative state. Not to elected representatives or elected judges.

On top of that, the administrative state decided to judge its own failings. In their own tribunals - there are 256 Administrative Law judges - they decide whether they are right or wrong. And they always defer - fact deference, law deference - to the government. Administrative law judges are not independent, they are not elected; their salaries and positions depend on a pre-committment to upholding the government’s position on the most serious legal questions. That means they are always biased in favor of the government.

Which is why no one is ever punished and nothing ever changes. A friend said this week that the reason everyone is so crazy, is that no one is ever punished for anything. The most egregious failures, public and disgusting are ignored.

For instance, the Security and Exchange Commission, (SEC), when investigating insider trading cases can refer them to the federal courts or to the Justice Department to prosecute criminally. OR it can pursue insider-trading cases before administrative law judges who work for the commission, are not really judges, do not have independence, do not offer juries and do not even allow equal discovery. In 90% of the cases held before their own tribunals, the SEC decides in its own favor.

The J6 Committee famously, did not allow equal discovery. It was an administrative state monster and people were convicted and jailed without due process. Without a jury trial, without equal discovery. Literally a Star Chamber.

Chevron gave all the agencies the power to make regulation without Congress having directed them to do so. At the other end Deference eliminated judicial review of their actions.

This is the point. America’s success is entirely, entirely down to the fact that the people have a say. Unless I can say there is plenty of water, and bring in a senior hydrologist, the best on the west coast, say, and prove beyond doubt that there is water, and lots of it, we cannot grow. We cannot be successful. Today, in the most water rich region in the western world, all the lawns in the capital city are brown and the whole city is dusty, because false science triggered by agencies hewing to the faux “science” of outfits like the NRDC says there is no water and that is the fact. This is truly absurd.

Another case: if the government says “biological males can compete in women’s sports” and I say, “that will mean that women, smaller and weaker will get hurt”, and the government says, “no they will not because our scientists says they will not”, that ends the argument.

In the real world, where real adults, not Ivy League children, function, build families and towns and businesses, all through the U.S., agencies ran roughshod over every business which required water, air, and land in which to operate, and has been doing so for forty years. Add in emission reductions, and another layer of absurdist regulation crushes enterprise. Every country, region, state and province, small town, county, agricultural zone, National, state, regional park region, every resort town, every ranching county has a Policy Statement and ancillary documents which determine its future. And they are all directed from above and focused on de-growth, de-population.

The administrative state that was powering all this was extractive, it feared creative destruction, feared growth, and turned the whole culture inward, fighting for the power to restrict humanity, and inevitably turning us towards instability. The knowledge class fighting to imprison us complains about the instability they themselves created for their own personal gain. In the job market for knowledge workers, rather than create something, people compete for jobs to police, suppress and censor. This is the definition of a vicious circle and will bring down the whole human enterprise.

The great hulking largely unconscious dragon of the market reads the future better than anyone. Trump’s ascendance is clear, barring industrial cheating, and the striking down of Chevron Deference is key, it is everything, it clears the path towards an American resurgence, that can and will power the world.

Charles’s decapitated head is the ultimate fate of all tyrants, no matter how expensively educated. Sum of All Fears, baby.

Absurdistan is absurdly worried about the probability of industrial level cheating by the consortium put together by the Podesta/Elias/Clinton/Soros/Tides/Arabella enterprise. Other than Captain Seth Keshel, I don’t know anyone methodically revealing in print what is going on, and Captain Seth doesn’t have my training (nor do I have his). Over the next four months, I will push forward what they are planning and what fresh mechanisms they will use. The Ninth Circuit Court in Arizona just declared that no one may have a ballot unless they can prove citizenship, that is a step in the right direction, but the holes in the system, the corrupt machines frighten me. On the grounds that the more we know, the less likely they are to cheat and win again, please support my work going forward.

Elizabeth Nickson was trained as a reporter at the London bureau of Time Magazine. She became European Bureau Chief of LIFE magazine in its last years of monthly publication, and during that time, acquired the rights to Nelson Mandela’s memoir before he was released from Robben Island. She went on to write for Harper’s Magazine, the Guardian, the Observer, the Independent, the Sunday Telegraph, the Sunday Times Magazine, the Telegraph, the Globe and Mail and the National Post. Her first book The Monkey Puzzle Tree was an investigation of the CIA MKULTRA mind control program and was published by Bloomsbury and Knopf Canada. Her next book, Eco-Fascists, How Radical Environmentalists Are Destroying Our Natural Heritage, was a look at how environmentalism, badly practiced, is destroying the rural economy and rural culture in the U.S. and all over the world. It was published by Adam Bellow at Harper Collins US. She is a Senior Fellow at the Frontier Center for Public Policy, fcpp.org. You can read in depth policy papers about various elements of the environmental junta here: https://independent.academia.edu/ElizabethNickson