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:
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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.
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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:
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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.
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Violation of Article I, Section 2:
"Representatives and direct Taxes shall be apportioned among the
several States" - The APA authorizes un-apportioned taxes.
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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.
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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;[3] 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!
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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.
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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.
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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.
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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.
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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.
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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).
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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?
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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.
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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.
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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.
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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.
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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.
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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!
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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.
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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.
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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.
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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.
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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.
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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.
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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'.
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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.
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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.
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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.? |
