Unelected bureaucrats not only write their own laws, they also interpret these laws and enforce them in their own courts with their own judges. All this is in blatant violation of the Constitution, says Mr. Hamburger, 60, a constitutional scholar and winner of the Manhattan Institute’s Hayek Prize last year for his scholarly 2014 book, “Is Administrative Law Unlawful?” (Spoiler alert: Yes.)
“Essentially, much of the Bill of Rights has been gutted,” he says, sitting in his office at Columbia Law School. “The government can choose to proceed against you in a trial in court with constitutional processes, or it can use an administrative proceeding where you don’t have the right to be heard by a real judge or a jury and you don’t have the full due process of law. Our fundamental procedural freedoms, which once were guarantees, have become mere options.”
Like most of us I was completely unaware of this until I started reading about and researching HIPAA. It seemed to me that the way HIPAA rules were enforced did not comply with the basic judicial safeguards I believed protected Americans. But I am just a dentist what do I know?
It seems that judicial scholars like the Columbia law professor quoted above find regulatory law and the way it is administered to be a big problem.
The dental technology issue here is of course HIPAA rules and the draconian enforcement system that has been put in place. On a broader scale it is or should be a concern for all Americans and the public needs to learn what is going on and address the issue through our elected representatives.
and a second shorter follow up book The Administrative Threat.