Have you ever wondered about the so-called "fourth branch of government"? This term refers to any group that influences government beyond the three branches laid out in the Constitution. Some people think of it as the media, while others see it as interest groups. Today, we’re looking at the bureaucracy and the administrative state that play a significant role in how our government operates.
As of March 2022, the federal government employed millions of workers across various departments, agencies, boards, and executive offices. In 2007, while Congress passed 138 laws, federal agencies created nearly 3,000 rules, including over 60 major regulations. This shows how much power these agencies have in shaping policy.
Most of this power comes from Congress. For instance, when Congress passes a law to protect the environment, it gives the Environmental Protection Agency (EPA) the authority to create specific regulations to achieve that goal. This can lead to hundreds of regulations stemming from a single law. Until recently, courts often deferred to these agencies’ interpretations of their regulations, a practice known as "Chevron deference." However, the Supreme Court overturned this practice in June 2024.
Some agencies derive their power from the executive branch. The Office of Management and Budget (OMB) is one such agency, responsible for preparing the federal budget and overseeing agency performance. This means that the personnel within these agencies often do much of the governing work. The saying goes, “personnel IS policy,” highlighting the importance of civil servants in maintaining continuity in government.
Looking back, the Founding Fathers likely did not envision the sprawling bureaucracy we have today. In 1790, the federal government had only about 1,000 nonmilitary workers. Fast forward to today, and there are nearly 2.3 million nonmilitary federal employees, not counting congressional staff or intelligence agency employees.
The rise of the administrative state has been fueled by various factors. Congress has shifted many regulatory cases to administrative courts tied to specific agencies. Additionally, there has been a significant increase in presidential power over these agencies, with both Congress and the courts often reluctant to impose limits.
As more Americans become aware of this "fourth branch of government," the question arises: how can we rein it in? Some suggestions have been put forward, including:
- Strengthening congressional oversight
- Increasing transparency and public participation
- Reforming agencies to speed up the regulatory process
- Adding more judicial checks and limits
- Enhancing accountability within the executive branch
- Proposing legislative reforms to limit funding and staffing
Understanding these issues is crucial, especially as we approach elections. Finding a balance between these suggestions and holding elected officials accountable is essential for maintaining the checks and balances that the Founders intended for our government. As we engage in discussions about the administrative state, it’s important to consider how these changes can impact our democracy and governance.