Sasse on Kavanaugh Hearing: “We Can And We Should Do Better Than This”

This senator provides a FANTASTIC summary of what is wrong with the way our present government works.

“We can and we should do better than this. It’s predictable now that every confirmation hearing is going to be an overblown, politicized circus. And it’s because we’ve accepted a bad new theory about how our three branches of government should work — and in particular about how the Judiciary should work.”

When he talks about how the Judicial Branch should not be involved in political decisions, the U.S. Supreme Court’s “Major Questions” Doctrine accounts for that:

The Supreme Court’s “Major Questions” Doctrine: Background and Recent Developments, Report LSB10745
https://crsreports.congress.gov/product/pdf/LSB/LSB10745

Sasse talks about “unelected bureaucrats who are not accountable to the people”.  That is the administrative state.  The administrative state is how congress punts its legislative power as he describes.  The administrative state is described in:

1. The Achilles’ Heel of the Administrative State-SEDM Blog
   https://sedm.org/the-achilles-heel-of-the-administrative-state/
2. Administrative State:  Tactics and Defenses, Form #12.041
   https://sedm.org/LibertyU/AdminState.pdf
3. Sovereignty and Freedom Page, Section 13.7:  Administrative State-Family Guardian Fellowship
   https://famguardian.org/Subjects/Freedom/Freedom.htm#Administrative_Law/State:

Challenging the administrative state in court is described in:

1. The Achilles’ Heel of the Administrative State-SEDM Blog
   https://sedm.org/the-achilles-heel-of-the-administrative-state/
2. Administrative State:  Tactics and Defenses Course, Form #12.041
   https://sedm.org/LibertyU/AdminState.pdf
3. Federal Enforcement Authority Within States of the Union, Form #05.032** (Member Subscriptions)
   https://sedm.org/product/federal-enforcement-authority-within-states-of-the-union-form-05-032/

This video was from the confirmation hearings in the Senate of prospective justice Brett Kavanaugh.  He was later successfully appointed to the U.S. Supreme Court.  Apparently, he listened VERY carefully to this speech by Ben Sasse because after all the three Trump nominations for Supreme court were confirmed, a MAJOR thrust of the new court was to challenge the administrative state by reversing its position on what is called the “Chevron Doctrine”.  You can read about this doctrine in:

Catalog of U.S. Supreme Court Doctrines, Litigation Tool #10.020, Section 5.6
https://sedm.org/Litigation/10-PracticeGuides/SCDoctrines.pdf

The EFFECT of reversing the Chevron Doctrine was to FORCE the legislative branch to DO ITS JOB of REALLY making laws, instead of delegating lawmaking power to Executive Branch administrative agencies.  So this video is obviously VERY powerful and even prophetic in its effect upon the organization of the U.S. government after it was filmed.

Senator Sasse has some great videos on his Youtube channel as well, at:

https://www.youtube.com/channel/UCYaNGwcM2Dl5yDcDqS6xV2g