Policy 4

Remove legislative functions from executive departments.

In 1883 Congress enacted the Civil Service Act and changed the very core of how governments work in the United States of America.

Be it enacted . . . That the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners shall constitute the United States Civil Service Commission.

SEC. 2. That it shall be the duty of said commissioners: FIRST. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect.

Thus was born the permanent, professional bureaucracy in America and along with it the idea that it is proper for that bureaucracy to “aid” the President “in preparing suitable rules” to carry out their mission. The idea that elected legislators should determine the laws was tossed out of the door onto its head. Those elected legislators had figured out that if they no longer made the rules we live by, they could hardly be accountable for those rules come election time.

Other provisions of the Civil Service Act made illegal the patronage system that had been in place. Newly elected representatives could no longer bring in their families and cronies to fill the cushy government jobs. No matter how onerous the regulations promulgated by the bureaucrats, their jobs were now safe. The voters could change all their elected representatives but the bureaucrats remained in place. The elected legislators still controlled their paychecks, of course, but the civil servants solved that by forming unions to ensure high pay and plush benefits and further protect their jobs. They have given civil "servant” a whole new meaning.

This system is epitomized by present day King County Department of Development and Environmental Services (DDES). Many of the property use regulations in unincorporated King County are put in place by administrative rule where DDES dreams up a new regulation, posts it, has a public hearing and in 45 days the regulation is law. DDES sets the fees you must pay to obtain permission to use your property. DDES sets the fines if you do not get their permission. Those fees and fines pay their salaries so it is in their best interest to invent a plethora of useless regulation to maximize fees and fines. Calling your King County Councilmember for help just adds to your bill since DDES charges you $140 an hour if they talk to your elected representative.

Our system of checks and balances between the three branches of government was invented to prevent such abuses. Citizens’ Alliance for Property Rights will work to require that all regulation promulgated by executive branch departments be reviewed and approved by the appropriate legislative branch before becoming law so that those we elect remain accountable for the actions of government.