Tyranny occurs when Judicial, Executive or Legislative Powers Are Combined


Posted: July 25th, 2015
The Rise of Tyranny by Jonathan W. Emord
The Rise of Tyranny by attorney Jonathan Emord

In 2008, Washington D.C. attorney Jonathon Emord reported facts about the FDA in his book The Rise of Tyranny that show the agency has at times approved dangerous or ineffective medicine against the advise of medical reviewers.

Emord has practiced law in Washington D.C. for over 20 years. He wrote the Health Freedom Protection Act for Congressman Ron Paul, M.D. Emord was invited to work for the Federal Communications Commission in 1985 “an agency I thought then and now should not exist,” he writes. The fact that Emord, a law student, who had impressed the FCC chief with a paper he wrote, did not think the FCC should exist was exactly why FCC chairman Mark Fowler and his Chief of Staff Jerry Fritz wanted Emord to work there. Emord became an attorney in the Mass Media Bureau of the FCC.

During Jonathan Emord’s radio appearance on Coast to Coast AM on March 17th, 2015 he discussed the danger to liberty that vaccines present. During that program he made many Americans aware of the vaccine injury compensation fund. The fund which pays out to some victims of vaccine injuries, is funded by the drug companies with a $0.75 excise tax on vaccines that are aimed at 1 virus or a $2.25 excise tax on the MMR vaccine which is geared towards 3 viruses.

Emord, an attorney in federal courts, cracks down on the issue of pharmaceutical industry corruption by examining Congress virtually hidden role in the problem. He blames Congress for the creation of many federal agencies within the last 100 years (counting from 2008 when his book was written) such as the FDA. Emord gives an outstanding criticism of Congress about why government administrative agency’s came into existence.

“Congress was expected to make decisions even if difficult or controversial but making those decisions invites public criticism and diminishes re-election prospects. The politicians lust for permanent office has won out over constitutional sensibilities. The incumbent politicians desire for control over his or her political destiny has created an overwhelming incentive for the transfer to administrative agencies of broad jurisdiction and powers. In that way, Congress has avoided the need to account directly for unpopular actions, deflecting public outcry toward the agency’s despite Congress’ ultimate blame for having relinquished decision making power to those agencies in the first place.”

Jonathan W. Emord The Rise of Tyranny (p. 21 -22)

Emord would like to see government administrative agency’s be deregulated, smaller in size, or gone however that seems like an impossibility since the agency’s have been expanding for decades under successive administrations. Additionally, less conservative Americans would see incentive in keeping a large government to insure the existence of high paying sinecurial jobs. However the insidious harm of so many federal agencies, run by unelected officials, is perhaps the main cause of the tyranny destroying America, more so than any other part of the government.

“We now live in a country where ¾ of all laws promulgated by the federal government are the product not of our elected representatives but of a unelected officials, oligarchs appointed to rule the administrative agencies and commissions, possessed of combined legislative, executive and judicial powers. The institutions they govern were invented by congress over the last 100 years.”

Jonathan W. Emord The Rise of Tyranny p. 12


As an attorney who specializes in constitutional law, Emord knows what political science philosophy shaped the thinking of important American figures such as Thomas Jefferson (principal author of the Constitution and the 3rd U.S. President) and James Madison (4th U.S. President). Both men were among those inspired by the thinking of the French scholar Montesquieu who taught that tyranny arises when legal, executive and judicial powers are combined in single hands.

“In Spirit of Law (1748) Montesquieu warned against collocation of any 2 of the 3 legislative, executive, and judicial powers. He explained that the union of these powers would produce tyranny.”

Jonathan W. Emord The Rise of Tyranny. 15


Those limits not only pertain to encroachments of power achieved when one branch of government presumes to exercise power that has been delegated to another but also when one branch of government presumes to delegate the powers vested in it to an entity outside of the constitutions 3 branches.”

Jonathan W. Emord The Rise of Tyranny (p. 16)

Emord claims the FDA and possibly other agencies have violated this constitutional idea of keeping executive, legislative and judicial powers separated. In the FDA, the judicial, legal and executive powers are combined in a single pair of hands: those of the FDA commissioner. The FDA commissioner can override medical reviewers below her, or prosecute reviewers for advising against the approval of certain drugs that have a high chance of causing harm to patients. This collocation of power is essentially tyrannical.

“The FDA has one head in its Commissioner. The Commissioner of the FDA can promulgate any rule can overrule any judgment of agency medical reviewers, can order the prosecution of any regulatee, and can approve for marketing any drug, regardless of the scientific evidence that may exist against the drugs safety or efficacy.”

Jonathan W. Emord The Rise of Tyranny (p.40)


“The Congress of the United States has vested in 1 person the enormous power to regulate everything we consume and use for our sustenance and health- all food, drugs, cosmetics, biologics, medical devices and dietary supplements.”
“The union of legislative and executive powers within FDA has yielded corruption, as the founders predicted, in the form of industry favoritism.”

Jonathan W. Emord The Rise of Tyranny (p.41)

The industry favoritism exhibited by the FDA manifests itself in a few different ways such as the cost of getting a new drug on the market, which is nearly $1 billion making it impossible for anyone other than the wealthiest drug companies in the world to enter the market.

“The cost to bring a new drug to market exceeds $860 million, thus forming an insurmountable barrier to entry- making drug approval illusory for all but the wealthiest institutions in the world.”

Jonathan W. Emord The Rise of Tyranny (p.92)

Because of the vast wealth possessed by the pharmaceutical industry, for example over $286 billion in U.S. prescription drug sales in 2007 alone, they are able to invest their money in influencing not just the government but the entire landscape of medicine. For example, they have exerted control over medical students, they have influenced prescription decisions made by practitioners, they have invested in influencing regulators covering efficacy of drugs and they have influenced the policies and decisions of the FDA commissioners, actions of members of congress and as Emord writes, the president.

Additionally they have funded politicians at federal and state level regardless of party. In California we see the funding of California state assembly member Richard Pan among others, a pediatrician who introduced SB277, a ban on vaccine exemptions. California lawmakers reportedly received over $2 million in contributions from drug companies to support banning vaccine exemptions.

FDA approval is supposed to be the highest stamp of approval, however evidence shows that the FDA has frequently approved drugs that medical reviewers warned had a high risk of causing heart or liver failure, neurotoxicity, suicidal thoughts, or death. Historically, the FDA Commissioner has been known to ignore warnings by medical review doctors and approved drugs that were later recalled but not before causing injury or death to many people.

Emord also provides a brief history of regulated drugs that were recalled after causing significant harm to the public. In each instance, medical reviewers from the FDA were against the approval of the drug. The recalled drugs he covers in detail are Redux (an appetite suppressant), Rezulin, a type 2 diabetes drug, Avandia, Vioxx, the antibiotic Ketek, the serotoninn reuptake inhibitors (SSRI’s) better known as anti-depressants, Paxil, Zoloft, and Effexor.

In the case of Redux, American Home Products the company who owns the subsidiary Wyeth Ayerst Laboratories that made Redux, paid $4.83 billion in settlement cost over 11,000 lawsuits involving Redux.

Emord describes the way drug companies have effectively held Congress and the nation hostage through Medicare.

“Medicare Prescription Drug Improvement and Modernization Act (establishing Medicare Part D) “…reveals just how far Congress will go to answer the call of the pharmaceutical industry.”

Jonathan W. Emord The Rise of Tyranny (p. 34-35)

“…the prescription drug bill enables {monopoly drug sellers} to set the price the government must pay, in effect enabling the pharmaceutical industry to hold the nation hostage by depleting the U.S. treasury at will.”

Jonathan W. Emord The Rise of Tyranny (p. 35)

In a prophetic statement from a government official regarding how runaway healthcare costs are bankrupting America Emord quotes:

“the annual cost of Medicare Part D is rising annually and is estimated to reach the staggering figure of $724 billion by 2015.”

Jonathan W. Emord The Rise of Tyranny (p. 35)


Just this week Presidential candidate Jeb Bush discussed the possibility of repealing Medicare. Emord's book might provide some insight on why citizens of either party should perhaps consider being in agreement with that idea.

By Andrea Boggs

Reference list

Emord, Jonathan W. (2008) The Rise of Tyranny. Sentinel Press: Washington D.C.

Vaccine Injury Compensation Fund

Miller, J. (18 June 2015) Drug makers donated millions to lawmakers before the vaccine debate. Sacramento Bee [online].

Montesquieu Wikipedia

Thomas Jefferson Wikipedia

James Madison Wikipedia