"Our carefully constructed system of checks and balances is being negated by the rise of a fourth branch, an administrative state of sprawling departments and agencies that govern with increasing autonomy and decreasing transparency.
For much of our nation’s history, the federal government was quite small. In 1790, it had just 1,000 nonmilitary workers. In 1962, there were 2,515,000 federal employees. Today, we have 2,840,000 federal workers in 15 departments, 69 agencies and 383 nonmilitary sub-agencies.
This exponential growth has led to increasing power and independence for agencies. The shift of authority has been staggering. The fourth branch now has a larger practical impact on the lives of citizens than all the other branches combined.
The rise of the fourth branch has been at the expense of Congress’s lawmaking authority. In fact, the vast majority of “laws” governing the United States are not passed by Congress but are issued as regulations, crafted largely by thousands of unnamed, unreachable bureaucrats. One study found that in 2007, Congress enacted 138 public laws, while federal agencies finalized 2,926 rules, including 61 major regulations.
The judiciary, too, has seen its authority diminished by the rise of the fourth branch. Under Article III of the Constitution, citizens facing charges and fines are entitled to due process in our court system. As the number of federal regulations increased, however, Congress decided to relieve the judiciary of most regulatory cases and create administrative courts tied to individual agencies. The result is that a citizen is 10 times more likely to be tried by an agency than by an actual court. In a given year, federal judges conduct roughly 95,000 adjudicatory proceedings, including trials, while federal agencies complete more than 939,000.
These agency proceedings are often mockeries of due process, with one-sided presumptions and procedural rules favoring the agency. And agencies increasingly seem to chafe at being denied their judicial authority.
Of course, federal agencies officially report to the White House under the umbrella of the executive branch. But in practice, the agencies have evolved into largely independent entities over which the president has very limited control. Only 1 percent of federal positions are filled by political appointees, as opposed to career officials, and on average appointees serve only two years. At an individual level, career officials are insulated from political pressure by civil service rules. There are also entire agencies — including the Securities and Exchange Commission, the Federal Trade Commission and the Federal Communications Commission — that are protected from White House interference."
And some reflections from a government worker[2]:
"The most fascinating thing about working for the government for the last 6 or 7 years has been learning how government really works. Almost no one has any idea how government actually functions.
We spend inordinate amounts of time and money determining who will occupy short-term elected positions in government. Once there, people make a living thinking about what these politicians should be doing. On the other hand, we spend almost no time thinking about who will permanently occupy the bureaucratic positions that are actually responsible for implementing governance.
The vast majority of the employees of the government, like me, are unelected and – for all intents and purposes – cannot be fired. Focusing on the 0.0001% of government employees that get elected (obviously!) misses the remaining 99.9999%. Virtually everyone thinks that its possible to "change" government while maintaining 99.9999% of its employees. This belief is obviously retarded.
I should also note that people are not used to thinking about working environments in which employees cannot be fired. This situation changes the employment dynamic in many ways. Outside of the government, a "boss" is in charge. However, once the power to fire employees is removed, how is it possible for a boss to really be in charge? In a sense, this creates a situation in which the employees are – in reality – in charge.
When we are taught how laws are made, we’re told something like: someone writes a bill, both houses of Congress vote on the bill, if it passes it’s signed by the President and then it’s law at which point it might be interpreted by the courts.
This is correct as far as it goes. However, have you ever asked yourself who that "someone" is who’s writing the bills? Seems like a powerful position, no? That someone is generally unelected and cannot be fired.
The common story also doesn’t go far enough. Regulations are now, by any serious metric, more important than laws. Regulations are written and implemented by agencies, often with little or no judicial oversight. Modern laws aren’t even really laws anymore, they’re just lists of regulations that Congress hopes agencies will implement.
In ancient Rome, the Senate governed until Julius Caesar took power. However, emperors kept the Senate around for a few hundred more years (at least until Diocletian). Are you so sure that the system of government that you believe in hasn’t already been overthrown? Are you like a Roman in the 200s AD who believes in the power of the Senate to appoint an emperor?"
[1]http://articles.washingtonpost.com/2013-05-24/opinions/39495...
[2]http://foseti.wordpress.com/2011/02/02/on-government-employm...;
