[detbuch]

Has anyone noticed that the Court's decision and reasoning was not based on the Constitution? It was based on administrative law.

Does anyone see the danger of the Supreme Court deciding on administrative law rather than on the Constitution? Does anyone see the much wider scope the Court has when it does so? Does anyone see some, not negligible, erosion of the Constitution itself?

Administrative agencies, as they are designed, are unconstitutional to begin with. When Roosevelt created some new ones, that had wider scope than the old ones, even he saw the danger of agencies with executive, legislative, and judicial power all wrapped up into one. So he began the process that led to the Administrative Procedure Act. But he didn't foresee the growth of agencies from the few he created to the hundreds that now exist. There is no way that the Supreme Court could function if it had to deal with the legality of the thousands of pages of regulations that these agencies produce every year. Therefor, much deference is given to agency decision. And, therefor, much injustice has been done to thousands of Americans by agency decisions that have been allowed. It's a double whammy--unconstitutional agencies plus the plenary power of each agency.

What is particularly noxious in this current decision, beyond ruling on the administrative decision of an unconstitutional agency, is that the regulation in question was not harmful to the citizens of this country. It was a regulation that actually conforms to Constitutional purposes for the census. But the Court thought it "seemed" to violate administrative law.

So a vague administrative law (capricious and reasonable) of an unconstitutional agency, is enforced to deny what is a perfectly legitimate constitutional mandate because it had possibly, (not substantively proven) been trespassed.

I understand the partisan thinking on both sides. The Dems are all happy because it stops something Trump wants. The Repubs are dismayed because their guy "loses."

But does anyone see the continual, creeping, loss of the power of the Constitution? The creeping gain in either the growth of administrative power, or the Court's ability to decide on that administrative power rather than on the Constitution.

The Constitution is the guardian of our individual rights against government abridging them. Administrative agencies are about the governmental taking of power from individuals and transferring it to government. Administrative law is a replacement of Constitutional law.