https://www.americanthinker.com/articles/2024/10/two_lawsuits_challenge_swampbuster_and_the_regulatory_labyrinth_of_the_administrative_state.html
Dwight Waldo, whose 1948 book The Administrative State gave the eponymous term widespread usage, believed that public administration is rational action designed to maximize public goals.
Unfortunately, the administrative state and its bureaucrats no longer have the public on their minds.
Without any constitutional authority, the administrative state frames, enforces, and adjudicates the regulations of a plethora of alphabet agencies. Unelected bureaucrats, politicized by monied NGOs and lobbyists, exercise powers of all three branches of government, disregarding the separation of powers and the checks-and-balances provisions of the Constitution.
Such is the viselike hold of the administrative state that Chief Justice John Roberts, dissenting in a 2013 judgment on a regulatory scheme of the Federal Communications Commission (FCC), wrote: “The administrative state ‘wields vast power and touches almost every aspect of daily life….’ The Framers could hardly have envisioned today’s ‘vast and varied federal bureaucracy’ and the authority administrative agencies now hold over our economic, social, and political activities.”
An example of the arbitrary power the administrative state wields are some of the rules agencies have framed for the Swampbuster provisions, passed by Congress in 1985, under which the U.S. Department of Agriculture (USDA) can deny benefits to farmers who do not voluntarily give up farming on wetlands. And who designates wetlands? It is the Natural Resources Conservation Service (NRCS), a federal agency of the USDA. Using Swampbuster, the USDA has come to regulate property it would otherwise not have been able to.
However, four recent Supreme Court decisions have reined in the administrative state. The court swept aside decades-old precedents to shift the balance of power from the agencies to the courts. The Swampbuster provisions and NRCS-framed rules, too – seen by many legal experts as violative of property rights and overly broad in implementation – have been challenged in two recent lawsuits. Though the courts have yet to decide on the Swampbuster lawsuits, the four Supreme Court decisions will likely have a strong bearing on the cases.
Here, in brief, are the salient points of the four rulings: