NCLA’s Executive Director and General Counsel Mark Chenoweth joins “The Michael Berry Show” on News Radio 740 KTRH to discuss how the Administrative State violates the Constitution and the avalanche of executive orders seen in the first few months of the Biden administration.
• Administrative agencies violate the 4th Amendment through their attempts to gather evidence without a warrant, without consent, and without probable cause of any kind. They issue an information request and expect you to comply with it, and if you do not, you will be subject to a fine.
• NCLA has a lawsuit against Coral Gables, Florida, due to the city installing Automatic License Plate Readers at every major intersection. NCLA believes this type of tracking is a violation of the 4th Amendment because it is done without a warrant. Read more about the case here.
• People should care about the widespread use of executive orders because it undermines the constitutional system. The Constitution was written with the intention for it to be difficult for the government to make laws that bind citizens, but Executive Orders are trying to create a shortcut in that process.
• The power to make law is given to Congress. The nondelegation doctrine says that if Congress tries to pass a law delegating its power to an administrative agency, that delegation is a violation of the Constitution.