Cut DOJ unrelated or overgrown functions.

Vic Biorseth, Monday, May 27, 2013

Why does DOJ exist?  Is there a good Constitutional reason for the establishment and maintenance of a US Department of Justice?  The short answer is yes, because "justice" is a function of executing the law, and the President is the Executive who executes the law. 

Congress Legislates; the President Executes; the Judiciary Adjudicates. 

From the Constitution, Article II Section 3:

... he shall take Care that the Laws be faithfully executed, ...

The Attorney General, who serves at the discretion of the President, and the Department of Justice organized under him, is supposed to fulfill that Constitutional requirement.  The Attorney General is appointed by the President and approved by the Senate. 

So today, when we see in Attorney General Eric Holder all the attributes common to blatant racism, partisan political favoritism, Marxist anti-Constitutionalism and common criminality, we are coldly reminded of the axiom that Elections Have Consequences.  We elected this President, and we elected this Senate. This President nominated him, and this Senate approved him. 

Holder is a monster of our own making.  Elections have consequences. 

No one should therefore be surprised at Eric Holder's glaringly obvious "selective" enforcement of the law, nor of his purposeful direct violations of the American Constitutional civil rights laid down in the Bill of Rights.  This is precisely what the Founders feared: the rise of government tyranny and the decline of the rule of law.  Our current Attorney General is just another cold-blooded, highly obedient political "enforcement" tool of a would-be tyrant. 

But malignant bureaucratic growth was going on in DOJ, just as in every Bureaucracy, long before we elected this President and this Senate.  It is the nature of bureaucracy to grow itself and expand its scope.  Give a petty bureaucrat a little authority, and he will spend a whole career expanding that authority, growing a sub-bureaucracy under him, and convincing the world of his own vital importance. 

Here is the org chart of the DOJ as it appears today.  (It will be larger tomorrow.) 

When we look at the task of "weeding" a giant bureaucracy, we need to look, primarily, at three things:

  1. Necessity of function: if it is nowhere mandated in the Constitution, then the Federal Government has no legitimate business even addressing it. 
  2. Duplication of function: if some other department or bureau is already doing it, then there is no real need to do it here. 
  3. Scope of function: in accordance with the rule of subsidiarity, if a lower level of government or the private sector can do it, then the Federal Government should not be doing it at all.  

With those three points in mind, let's go over the DOJ as an organization.  Another thing to keep in mind is this:

If we do not get a chance to, or, if we do get the chance and fail to elect a pro-Constitutionalist House, Senate and President, then none of this matters, because Constitutional America - America as it has been known in history - is doomed to descend into tyranny.  Elections have consequences. 

Going top-down and left-right on the DOJ organization chart:

Attorney General:  We need an Attorney General who recognizes, loves, adheres to, strongly supports and intends to vigorously enforce:

  1. The Declaration of Independence, and the Foundational Principles of America that it sets forth - the very purpose for being of the United States of America.  
  2. The Constitution of the United States, including the original Bill of Rights and all other Amendments, and all of the Constitutional Principles intended by the original authors.
  3. All properly legislated American laws.  

Of course, that leaves Eric Holder out. 

Deputy Attorney General:  I see no need for any Deputy Attorney General.  That's my personal opinion; what's yours? 

Solicitor General:  I would grudgingly recognize the need for a team of specialized attorneys whose sole purpose is to present and argue the Government's cases before the Supreme Court. 

Associate Attorney General:  In my opinion, this position and all of the organizational structure under it should be cut.  It is nothing but a gross intrusion into lower levels of government, and a violation of the rule of subsidiarity. States, counties, cities and townships have their own State Attorneys General,  District Attorneys and Prosecuting Attorneys.  If a federal law is violated, it is the responsibility of the Attorney General to prosecute the violator.  It doesn't need to be any more complicated than that. 

"Violence against women," for instance, is already against the law, as is violence against anyone.  How does a federal level sub-bureaucracy of DOJ change that? 

Likewise, civil rights already exist and are enumerated in the Constitution, along with the American Foundational Principle of equality before the law.  Any other validly legislated civil rights laws are like any other laws.  They do not need any special bureaucracy or sub-bureaucracy just to address them. 

The same could be said of "Environment and Natural Resources" wherever they are addressed in validly legislated law.  They need no special bureaucracy all their own. 

"Community Relations Services"?  Why? 

While there may be a need for anti-trust laws and limitations on monopoly and restraint of trade, I see no need for a special bureau of lawyers and bureaucrats just for that purpose alone. 

Again, if a federal law is violated, it is the responsibility of the Attorney General to prosecute the violator.  It doesn't need to be any more complicated than that. 

The Right Side of the Org Chart shows the metamorphosis of DOJ into a giant federal police force.  This is the part that worries me the most, particularly when the federal government is in the hands of men who despise the Constitution and constantly seek ways to circumvent it.  At this point in our history, it may be impossible to tell how deep the Obamunist anti-American sentiment has penetrated, from the top down, into our national defense, intelligence and federal police forces

US Marshals Services:  The US Marshals are the only federal police force I would leave in DOJ.  It is their primary mission to track down criminals and execute warrants.  Just as every Court has it's police force, directed by a Bailiff, the Attorney General needs a law enforcement agency to carry out the police work involved in bringing people before the law.  Similarly, the Federal Prison system properly belongs in DOJ. 

Federal Bureau of Investigation (FBI):  I would take FBI out of DOJ and merge it into the Central Intelligence Agency (CIA), with a new official name to be determined.  Much of what FBI does is counter-intelligence, done not only in America, but abroad.  FBI agents maintain a presence in US Embassies, as do CIA agents.  Their individual investigations sometimes overlap, and cooperation is not always the best.  Often spies are also criminals; often criminals are, or deal with, spies.  Criminal activity, like espionage, is an activity that presents a danger to America.  Often, they are tightly linked, as we see in the advance of Obamunism.  It would be bad for America if either the FBI or the CIA lost any of its technical capabilities, physical resources or valuable personell.  They should be merged into one pro-Constitution and pro-American service for the protection of America and the Constitution. 

Of course, this would only make sense after we have an elected pro-Constitution and pro-American President.  It would be quite dangerous otherwise. 

Drug Enforcement Administration (DEA):  This bureau should be permanently shut down.  Any valuable investigative physical resources, databases and personnel should be absorbed into the FBI before shut-down.  The special "War On Drugs" should be ended, recognizing that existing drug law will still be enforced.  We just don't need a special agency just to do that one thing, including pursuing drug sources overseas. 

Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF):  This bureau should be permanently shut down.  Any valuable investigative physical resources, databases and personnel should be absorbed into the FBI before shut-down.  Alcohol, tobacco, firearms and explosives are not illegal here, at least not at the federal level.  Explosives are used heavily in farming, mining, business and industry.  Any legislated federal law infringing the right of the people to keep and bear arms is un-Constitutional, and should be officially declared to be no law

What would improve DOJ and its mission would be a decent, pro-American Constitution-serving President, and a decent, pro-American Constitution-serving Attorney General.  This would mean, at the top, recognition of the fact that the purpose of the American Constitution is to protect the liberty of the American citizenry from its own government.

To that end, DOJ Attorneys should be assigned to do amucus curiae (friend of the court) work in lower courts in defense of citizens whose federal Constitutional rights are being violated by state or local laws, or by civil suits, at no charge to the citizenry. Examples might involve local restrictions on the right to keep and bear arms, or, the typical ACLU12 lawsuit infringing the American citizen right to free exercise of religion.

That's my take on DOJ.  What's yours? 


Sarcastic Acronym Hover-Link Footnotes: For the convenience of those readers using devices that lack a mouse, these footnotes are provided for all webpages, in case any webpage contains any hover-links. (If you don't have a mouse, you can't "hover" it over a link without clicking just to see the simple acronym interpretation. Click any footnote link to see the acronym and a detailed explanation; "Hover" the mouse over it just to see the simple interpretation.)

SLIMC1 Secularist Liberal Intellectual Media Complex
GESGOEAEOT2 Gradually, Ever So Gradually, Over Eons And Eons Of Time
PEWAG3 Punctuated Equilibrium's Wild-Assed Guess
TTRSTF4 Them There Real Scientifical-Type Fellers
TTRSPTF5 Them There Real Smart Perfesser-Type Fellers
TTRSJTF6 Them There Real Smart Journalistical-Type Fellers
SNRTACBT7 Surely No Right Thinking Adult Could Believe Today
STNSEACPB8 Surely Today No Serious Educated Adult Could Possibly Believe
WDN9 We Don't Know
BMDFP10 Baboons, Mongrel Dogs, Filthy Pigs and ...
HBAACOTE11 Human Beings Are A Cancer On The Earth
ACLU12 Anti-Christian Litigation Union
FLORMPORIF13 Flagrant Liar, Or, Mindless Parrot, Or, Innocent Fool
MEJTML14 Marxist Ends-Justify-The-Means Liar
IEJTML15 Islamic Ends-Ends-Justify-The-Means Liar
MPAV16 Marxist Principles And Values
WBESSWG17 Wise, Benign, Elite, Super-Scientific World Governance
TRMITM18 The Reason Man's In This Mess
IYI19 Intellectual Yet Idiotic
TTRSCBTF20 Them There Real Smart Catholic Bishop Type Fellers
IACMPVND21 Illegal-Alien-Criminal Marxocrat-Party-Voting Nation-Destroyers
PEJTML22 Palestinian Ends-Justify-The-Means Liar
PSYOP23 "Psychological Operation" Mind Trick
CDC24 Covid Developmentally Challenged
LGBTQ+25 Every Letter Represents A Serious Psychotic sexual Identity Disorder
HEJTML26 Hedonist Ends-Justify-The-Means Liar
SEJTML27 Scientistic Ends-Justify-The-Means Liar

Reference Material

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The Brilliantly Conceived Organization of the USA;  Vic Biorseth

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Publish your own whole new Article from right here.  

Date:   Tue  Oct 28 2014
From:  Vic Biorseth

Changes pursuant to changing the website URL and name from 
Thinking Catholic Strategic Center to
Catholic American Thinker.

Pulled the trigger on the 301 MOVE IT option June 1, 2014. Working my way through all the webpages.  . 



Date:  Fri Jul 01 03:14:52 2022
From:  TeJa

If you want to totally shut down and get ride of DEA and BATF does that mean you approve of and want to legalize all currently illegal drugs?

Date:  Fri Jul 01 2022
From:  Vic Biorseth


No, it means that drugs are none of the federal government's legitimate constitutional business to address, one way or another. It's a state issue, and lacking any state law addressing it, it's a local jurisdiction issue. Lacking any local law addressing it, it's a private sector issue, up to private citizens, businesses and organizations to make their own rules governing it. 

  1. Dispersed legal authority is necessary for Liberty.
  2. Concentrated legal authority is necessary for Slavery.

At least the alcohol prohibition era started with a constitutional amendment, and ended with a repeal of that constitutional amendment. With drugs, the federal government is just unconstitutionally and illegally regulating something that is outside of the constitutionally limited and enumerated powers of the federal government to even address in any way. 

What I am saying is that DEA and BATF illegally exist

As do most federal government bureaucracies. That's why we wrote this and all the rest of the Cut-The-Spending pages and the Fixing-America pages. Almost all of them. 

Especially bureaucracies like EPA, Transportation, Interior, Housing, Urban Development, CDC, FDA, and most importantly, Education. 

Today you would be hard put to name the federal regulating bureau that does not exist illegally and unconstitutionally, or the bureaucratic regulation that is not illegal and unconstitutional. 



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Related WebPages

The Purpose for this grouping of links is to show, first, the unconstitutional bureaucracies that need to be cut, and second, to highlight ideas toward restoring America toward her original Constitutional design.

The Cut The Spending Pages
Most of this site describes what is wrong; this one describes what to do about it.  If we don't get rid of the extra-Constitutional entities we are over-paying for they will eventually economically strangle us to death as a nation. 

Shut down unneeded bureaucracy, for budget’s sake. In the name of fiscal sanity, we need to shut down unneeded bureaucracy.

Cut USDA budget, in whole or in part. Is agriculture the constitutional business of the federal government?

Department of Commerce: Cut DOC budget, with a meat axe. Argument to cut DOC; in times like these, no bureaucracy is sacred.

Dept of Defense: Budget cuts here need to be of the scalpel variety. Defense cuts need to be done very carefully lest we harm national security.

Cut the ED budget, in whole. Is education the constitutional business of the federal government?

Argument against Public Education, which is, in fact, Government Indoctrination. Public Education equals State Indoctrination, pure and simple. Education is beyond the scope of government and not what our government is constituted to do. 

Cut DOE budget, with a meat axe. Other than nuclear, how is any energy source the business of federal government?

Cut HHS budget, completely. How, exactly, is any Health and/or Human Services the Constitutional business of federal government?

Cut Social Security: Elimination of America’s Largest Budget Expenditure. How to Cut Social Security and begin the return to fiscal sanity.

Cut DHS budget, completely. Homeland Security is the proper domain of Defense, CIA and FBI. We should cut DHS completely.

Cut HUD budget, completely. How, exactly, is Housing or Urban Development the Constitutional business of federal government?

At this moment in time, most Constitutionalists would love to kill the IRS. How do you Kill the IRS? Fast-track and pass the Fair Tax. Very simple; nothing to it. 

Cut DOJ budget, with a paring knife, but, radically. We need to cut DOJ unnecessary and unrelated functions to streamline the function of justice.

Cut DOL, completely. The Dept of Labor has no Constitutional reason to exist. We should cut DOL, which, like organized labor itself, was born of Marx's Communist Manifesto.

Cut EPA, completely. EPA has no Constitutional reason to exist. How, exactly, are the environment or natural resources the Constitutional business of the Federal Government?

Cut DOS (State Departement) budget excess fat. Cut DOS unnecessary functions and get back to State business.

Cut DOI (Department Of Interior) with a meat axe. We can eliminate ninety percent of Interior bureaucracy when we cut DOI. 

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If we really need to cut spending, we should cut DOT with a meat axe. We should cut DOT and all these other bureaucracies that are regulating us to death.

Cut bureaucracy, but leave VA alone. In fact, we should build up the VA. In the aftermath of Marxocrat and Republicrat cuts to defense, both defense and the VA need new attention.

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Note the Military Assault Rifle common to the American Founding Era.

The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.—Ayn Rand

Atheist Genesis:

In the beginning there was nothing, and nothing happened to nothing.
And then nothing accidentally exploded and created everything.
And then some bits of everything accidentally encountered other bits of everything and formed some new kinds of everything.
And then some bits of everything accidentally arranged themselves into self-replicating bits of everything.
And then some self-replicating bits of everything accidentally arranged themselves into dinosaurs.

(See The Darwinism Pages)

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