(Brownstone Institute)—It is clear to me that we are increasingly being governed by an “Administrative State” instead of by our chosen representatives. Indeed, we are more and more becoming a “Regulation Nation” which is a true threat to our Constitutional Republic.
What do I mean by that? I mean that we are being governed by regulations and rules issued by administrative agencies, instead of being governed by laws duly passed by our elected officials.
Why does that matter? Because agencies are run by unelected, government bureaucrats who are beholden to nobody but the person who appointed them. They don’t care what the voters think or want or don’t want. They don’t need to care. They don’t need your vote to stay in power. They only have to appease the politician(s) who appointed them. If they just follow the yellow brick road, they will land on the other side of the rainbow.
Shockingly, some legislators are okay with this, because it allows them to escape any sort of responsibility or blame for an unpopular (or illegal) rule that is implemented by the bureaucrats sitting in the agencies (you know, the ones with no accountability to us voters). But, legislators should not only care, they should actively work to stop the Administrative State, because not only do many of these “regulations” usurp a legislator’s law-making power, but they are wholly unconstitutional!
You will remember from grade school Social Studies class that our government is comprised of three, co-equal branches: the Legislative branch (senators and assemblymembers who make our laws), the Executive branch (governors and the president who are supposed to enforce our laws), and the Judicial branch (judges and courts which adjudicate our laws). Each branch has its own powers and authorities, as bestowed upon them by our Constitution. Any power that is not delineated in our Constitution is reserved for the people. Remember my long-uttered phrase that, the Constitution was written to keep the government in check, not to keep we the people in check!
There is no fourth branch of government. There is no branch called the Administrative State. There is no authority in the Constitution to have agencies that make rules/regulations that employ the force of law. And yet, we see at the federal level as well as at the state level, Executive branches that are chock full of bloated, power-hungry agencies that have given themselves an astonishing amount of never-authorized-by-the-people power. In many cases, those powers are unconstitutional, meaning the agency did not have the authority to make the rule or do the thing they are doing (or trying to do).
Let me give you a few real-life scenarios so it’s easier to digest.
For starters, my quarantine camp lawsuit is a perfect example. For those not familiar with this case, what happened there is that the NYS Department of Health (DOH) issued an “Isolation & Quarantine Procedures” regulation. The head of the DOH is a commissioner who is appointed by the Governor. Everyone that works for the DOH is unelected. They do not need to listen to voters wants and needs. Quite presumably, if the Commissioner or any of the government workers below him don’t do the bidding of their “boss,” then their days at the DOH would surely be limited.
So, what happened in my quarantine case is that the DOH created a wholly unconstitutional regulation (Rule 2.13) that allowed them to pick and choose which New Yorkers they could lock up or lock down. That could have been forced isolation in your home, or they could have removed you from your home and put you into a quarantine facility of their choosing. For however long they wanted. With no notice. With no right to an attorney until after you were locked up. With no procedure for you to regain your freedom once you were incarcerated.
There was no age restriction, so they could have taken you, your child, your grandchild… And they didn’t even have to prove that you were sick, or that you had even been exposed to a communicable disease! Guilty until proven innocent.
The DOH gave themselves this phenomenal power. If that is unclear what I mean there, I will explain. The DOH wanted this unbridled power to be able to control 19 million New Yorkers with the stroke of a pen, but the NYS Legislature wouldn’t give it to them in the form of failed Assembly bill A416 (because the legislators knew it would be political suicide). So, the DOH simply made Rule 2.13 and gave themselves the power they wanted, anyway. No legislative consent given. No voter input had. Zilch. A clear breach of Separation of Powers. A clear affront on our Constitution. A perfect example of the “Regulation Nation” as run by an Administrative State.
This was the most unconstitutional regulation I had ever read in my 25 years of practicing law. It was an attack on the very basis of our freedom, and a dangerous chipping away at the bedrock of our free society…a government by the people, and for the people. Without question, I knew I had to stop it.
So, I sued Hochul and her DOH on behalf of a group of NYS legislators (Senator George Borrello, Assemblyman Chris Tague, Congressman Mike Lawler) together with a citizens’ group called Uniting NYS. Our argument was clear: the DOH does not possess the power to make a law, and this was surely a law, despite the fact that they called it a regulation or rule. It conflicted with the Constitution. It conflicted with NYS law. As Assemblyman Tague said at a press conference we held when we first filed our lawsuit in 2022:
This policy’s aim to forcibly isolate law-abiding citizens is reminiscent of actions taken by some of the ugliest tyrannical regimes history has ever known. It has no place standing as law here in New York, let alone anywhere in the United States. Policies as dangerous as this should be debated and scrutinized in a public setting by elected representatives, not quietly slinked through regulatory approvals.
In July 2022, the Judge ruled in our favor and struck down this stunning display of tyranny. You can read that decision here. Of course Hochul and Attorney General Letitia James appealled the court’s decision so they could try to get back that heinous power. In November of 2023, the appellate court dismissed our case for lack of standing (a true dodging of the merits of a lawsuit if I ever saw one). So, now I am appealing that calamitous decision to the Court of Appeals (our State’s highest court).
I have done numerous interviews about my quarantine lawsuit and this “Regulation Nation” phenomenon, and you can access some of those on my website, www.CoxLawyers.com. One such interview was with Steve Gruber on America’s Voice Live, and can be accessed HERE.
About the Author
Bobbie Anne, a 2023 Brownstone Fellow, is an attorney with 25 years experience in the private sector, who continues to practice law but also lectures in her field of expertise – government over-reach and improper regulation and assessments.
Two Storms, One Harvest
Every food crisis in living memory has been a one-shock event. The 2008 price spike was a commodity bubble. The 2020 shortages were a logistics failure. The 2022 grain scare was a war on one exporter’s ports. Each time, the system bent, adjusted, and recovered, and each time the experts assured us afterward that global markets are simply too big and too diversified to fail.
What nobody in Washington seems eager to discuss is that 2026 is shaping up to be something the modern food system has never actually faced. Two independent shocks, one climatic and one geopolitical, are converging on the same harvest cycle at the same time. Not sequentially. Simultaneously.
Start with the weather. The Pacific Ocean is currently building toward what forecasters now openly call a record event. NOAA’s Climate Prediction Center puts the odds of at least a strong El Niño near 88 percent, with roughly two in three odds it reaches “very strong” status, the tier reserved for perhaps three or four events in the entire satellite era. Every major global model now projects a median peak in Super El Niño territory, and most of them project it exceeding the 2015-16 event, which until now held the modern record. Sea surface anomalies were already brushing the super threshold in mid-July, months before these events normally peak. The atmosphere has already shifted into El Niño mode, and the event is forecast to crest in late fall and early winter.
This is not about “climate change.” It’s about the standard cycles of weather, and the cycle we’re currently in is one that has likely devastated societies in the past. We’re better prepared as a society today, but not all Americans are equally prepared.
Serious households have started doing the quiet math on their own. Grocery bills tell part of the story, and the forecast maps tell the rest, which is why long-term food storage has moved from fringe hobby to mainstream line item in the family budget, with established suppliers like Heaven’s Harvest seeing demand from people who five years ago would have rolled their eyes at the idea. That instinct is not paranoia. It is pattern recognition, and the pattern is worth walking through carefully.
Editor’s Note: Heaven’s Harvest IS a sponsor, but the warnings of this article are real and would be written even if we didn’t have a survival food sponsor. With that said, those who take advantage of what they offer can use promo code “Patriot” for 15% off.
The Fertilizer Clock Is Already Running
While the Pacific warms, the second shock has been unfolding in the Strait of Hormuz. The conflict with Iran turned the world’s most important energy chokepoint into a contested waterway, and the consequences reach far beyond the gas pump. Roughly a third of global fertilizer trade moves through Hormuz, and the disruption sent urea prices up 86 percent year over year by March, with a 53 percent jump in a single month.
The World Bank projects energy prices rising about 24 percent in 2026 and fertilizer about 31 percent. By its own accounting, fertilizer prices ran 35 percent higher in the first five months of this year than the same period last year.
Here is the mechanism the nightly news will not explain. Fertilizer is not a grocery item. It is a time-delayed input. The nitrogen a farmer in Iowa or Punjab could not afford to apply this spring does not show up as a problem this spring. It shows up as a thinner harvest six to twelve months later.
The World Bank’s own food security brief concedes that the effects of reduced applications earlier this season “are likely to become visible only later in harvest outcomes.” Translate that from institutional language into plain English and it means this. The damage is already done, it is already in the ground, and we are simply waiting for it to arrive on the shelf.
Now check the calendar. Six to twelve months from the spring planting season lands us squarely in late 2026 and early 2027. Which is precisely when the strongest El Niño in the instrumental record is forecast to peak, bringing its signature droughts to Southeast Asia, Australia, southern Africa, northern Brazil, and South Asia, the very regions that grow the world’s rice, sugar, and oilseeds.
The World Bank warns openly that a strong El Niño “could disrupt multiple crop belts simultaneously” on top of the conflict-driven input costs. Their baseline projection assumes the Middle East disruptions ease by autumn. What in the last two years of Middle East history suggests that assumption is safe?
The System Has No Slack Left
The comfortable answer is that global markets always adjust. But adjustment requires slack, and the slack is gone. Global cereal production is expected to decline from last year’s records even before El Niño does its work. The UN World Food Programme, hardly a den of right-wing preppers, is calling this the most significant disruption to its supply chains since Covid and the invasion of Ukraine, and its supply chain director put the stakes bluntly.
Today’s supply chain challenges are tomorrow’s hunger crisis.
There is also a political dimension that markets cannot price. When food gets scarce, governments do not behave like economists. They behave like politicians. Export bans, hoarding mandates, and panic buying at the national level turned the modest rice shortfall of 2008 into a global crisis, and analysts are already warning that import-dependent nations are the first dominoes.
The 2015-16 Super El Niño, a far weaker event than what is now forecast, threw tens of millions into food stress across Africa and Asia. This one is projected to be stronger, and it arrives with fertilizer already rationed by price and shipping lanes already contested by missiles.
What Joseph Knew
Scripture does not treat preparation for lean years as faithlessness. It treats it as wisdom delivered in advance to those willing to act on it.
Behold, there come seven years of great plenty throughout all the land of Egypt: And there shall arise after them seven years of famine; and all the plenty shall be forgotten in the land of Egypt.
Joseph did not respond to that warning with a hashtag or a committee. He stored grain during the years of abundance, and when the famine came, Egypt stood while its neighbors begged. The lesson is not that famine is certain. It is that the time to prepare is precisely when preparation still looks optional.
Nobody who filled a pantry in a year of plenty has ever regretted it, and nobody standing in an empty aisle has ever been glad he waited for certainty.
None of this calls for panic, and panic is the enemy of sound judgment anyway. It calls for the same unglamorous prudence our grandparents considered ordinary. Keep some cash margin, know your local growers, and put real food in deep storage while it is cheap and available, because the entire arc of this story is that cheap and available is a closing window.
Families looking for a straightforward place to start can visit Heaven’s Harvest and use promo code Patriot for 15 percent off long-term storable food. The forecasts may yet soften, the strait may yet reopen, and we should pray they do. But hope is a fine thing to hold and a foolish thing to eat.
Jackholes calling the minions of DEEP STATE the administrative state because they are TERRIFIED?!
It is NEVER the fault of the careless and apathetic Americans who can barely be bothered to vote, or research the people they elect to represent them.
Nope, it’s always somebody, or something else that is responsible.
BIYA and Shut TFU