Watch Out for Quasi Anything

. . . especially the 4th Branch of Government!

IN ORDER TO create the patina of legitimacy, administrative agencies are said to have “delegated” powers from their legislature creators, who are said to have “residual” powers, and from this one of the Delegation Doctrine presumptions is that administrative agencies must administer and enforce their peculiar administrative laws by confining themselves strictly to expressly defined jurisdictional limits, authorities, directives, and the like, and may not operate outside of their strictly defined powers. Here, we recall;

“. . . delegated instead of residual, which is the principle basis for distinguishing administrative powers from the powers of the legislature, the courts, and the executive offices of the state government. Hence, the rule that an administrative agency must act within the powers conferred upon it by law and may not validly act in excess of such powers.”   Fertig, supra

THEREFORE, IN ORDER to create the patina of legitimacy, administrative agencies are said to be empowered with quasi-legislative, quasi-executive, and quasi-judicial powers.  The following authorities are illustrative of this point, to wit:

Quasi-judicial.   A term applied to the action, discretion, etc., of public administrative officers or bodies, who are required to investigate facts, or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature.” Black’s Law Dictionary, 6th Ed., p.1245

Quasi-judicial power.  The power of an administrative agency to adjudicate the rights of persons before it.” Black’s Law Dictionary, 6th Ed., p.1245

Quasi-legislative power.  The power of an administrative agency to engage in rule making.”  Black’s Law Dictionary, 6th Ed., p.1245

Quasi.   As if; almost as it were; analogous to.  This term is used in legal phraseology to indicate that one subject resembles another, with which it is compared, in certain characteristics, but that there are intrinsic and material differences between them.  Cannon v. Miller, 22 Wash. 2d 227, 155 P.2d 500, 503, 507.  A term used to mark a resemblance, and supposes a difference between two objects.  It is exclusively a term of classification.  It implies that conception with which a comparison is instituted by strong superficial analogy or resemblance.  Moreover it negates ideas of identity, but points out that the conceptions are sufficiently similar for one to be classed as the equal of the other.  South Discount Foods Inc. v. Retail Clerks Union Local 1552, Com. P1., 14 Ohio Misc 188, 235 N.E. 2d 143, 147.  It is often prefixed to English words, implying mere appearance or want of reality or having some resemblance to a given thing. Black’s Law Dictionary, 6th Ed., p.1245

IT IS SELF-EVIDENT “this” is not “that;” that “if” is not “is,”; that something similar is not exactly the same thing; that something “like” is called a “fake” or a “fraud,” is it not? A wolf in sheep’s clothing may look like a sheep, but it is predatory deception. Likewise, a man or woman dressed in a black robe may look like a judge, but is in reality, Just-an-Administrator.  It appears to the Accused, that quasi-anything is a term of art designed to legitimize the illegitimate for the purpose of invalid action in excess of powers.   

IT IS SELF-EVIDENT, therefore, that the powers of administrative agencies are not those of constitutionally ordained and established offices of state constitutions, notwithstanding illusions cast by such doctrines as the aforesaid, to include the Implied Powers Doctrine and the Delegation Doctrine.  For it is prima facie evident that these are quasi governmental offices.  And if they are only “almost” or they only “resemble” constitutional offices which are, prima facie, public offices, then they must be private offices (for those under contract).  And, it is certain, not every citizen is at all times subject to the administrative jurisdiction of any state administrative agency.