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The Rise of the Fourth Branch of Government
Washington Post ^ | May 24th, 2013 | Jonathan Turley

Posted on 05/26/2013 3:12:36 AM PDT by Jacquerie

There were times this past week when it seemed like the 19th-century Know-Nothing Party had returned to Washington. President Obama insisted he knew nothing about major decisions in the State Department, or the Justice Department, or the Internal Revenue Service. The heads of those agencies, in turn, insisted they knew nothing about major decisions by their subordinates. It was as if the government functioned by some hidden hand.

The growing dominance of the federal government over the states has obscured more fundamental changes within the federal government itself: It is not just bigger, it is dangerously off kilter. 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.

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 autonomy was magnified when the Supreme Court ruled in 1984 that agencies are entitled to heavy deference in their interpretations of laws. The court went even further this past week, ruling that agencies should get the same heavy deference in determining their own jurisdictions — a power that was previously believed to rest with Congress. In his dissent in Arlington v. FCC, Chief Justice John Roberts warned: “It would be a bit much to describe the result as ‘the very definition of tyranny,’ but the danger posed by the growing power of the administrative state cannot be dismissed.”

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 17th; constitution; epaoutofcontrol; fedadministration; federaldepts; fedgovtoutofcontrol; feigningignorance; fourthbranch; irs; iseenothing; jonathanturley; knownothing; regulations; shadowgov; statesrights; turley
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To: shibumi

...and you are an enabler, Brother John.


21 posted on 05/26/2013 4:44:48 AM PDT by Shady (The Truth will set us free....WE KNOW THE TRUTH!)
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To: alloysteel; Repeal The 17th; livius
>>By all standards, the “American Experiment” was a wildly successful application of the concept of a representative republic, displacing both hereditary rulers and raw democracy, . . .<<

To support your statement, I say that the structure of our government was the reason for our prosperity. The Articles of Confederation, drafted in 1777, ratified in 1781 were soon recognized as “imbecilic” and quickly replaced in 1789.

The same American people, good and bad, virtuous and devious alike, who watched assaults on their property and were only months from dissolution, took a deep breath and created our wonderful constitution. The same people who suffered under the Articles were liberated under the Constitution. It was the structure of the Constitution that saved the rapidly failing United States.

The 17th Amendment fundamentally altered the structure of our government. It removed the vertical separation of powers that James Madison said was essential to keep the national government from consolidating all authority. Men are no different today than they were 200 or 2,000 years ago. They tend to accumulate power if they can; it is our/their nature. The division of power between the federal and State governments was the first line of defense of our freedoms.

We have zero hope of restoring our freedoms as long as Senators represent, like their House brethren, the mob and not the States.

22 posted on 05/26/2013 4:47:13 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: Political Junkie Too

Okay, tag!


23 posted on 05/26/2013 4:47:51 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: iontheball
They would sooner attack their main socialist pillar of big government than place blame on Zero. Just more liberal media propaganda and deception.

From the Washington Post? Yes, this is crap. They just can't attack the big O. Now it is the government's fault. So let us cut government and regulation and see how the Washington Post and Mr. Turley howl.

24 posted on 05/26/2013 4:47:51 AM PDT by VRW Conspirator (Cyprus - the beginning (and I reserve the right to re-post))
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To: Jacquerie

It is TIME to DownSize DC!

CLOSE, ELIMINATE entire Rogue Departments, many of which are clearly Unconstitutional.

Move any worthwhile functions back to the states where they can be more properly administered.

Department of Energy (except the military functions which should be included in the military complex)

Department of Education (which is more accurately the Department of brainwashing), including their SWAT Teams

Environmental Protection Department

and on an on.

It is TIME to move the center-of-gravity of the Federal Government back to the States where it belongs.


25 posted on 05/26/2013 4:48:57 AM PDT by Texas Fossil
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To: Texas Fossil

>>It is TIME to move the center-of-gravity of the Federal Government back to the States where it belongs.<<

I made a quick case for that in post #22.


26 posted on 05/26/2013 4:51:55 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: livius

“The 20th century, especially from FDR onwards, saw a huge expansion of government intervention and thus the creation of agencies to carry it out.”

I can’t recall the guy’s name, but before FDR’s social programs somebody was calling on the government to give everybody (I think) $400. The plan was hugely popular and had been adopted in one form or another by FDR’s rivals who were garnering a disproportionate number of votes, thus threatening FDR’s base. FDR did them one better by creating a host of social programs that, on the surface, were designed to combat a depression where people were starving. (In reality, the results were the opposite of what was “intended.”) Politically, the give-sh*t-away-free political move was popular and got FDR reelected. Since there is always more to give away if FDR had been immortal he could still be president today.


27 posted on 05/26/2013 4:53:52 AM PDT by Gen.Blather
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To: Jacquerie

The other problem is the 16th. Amendment. Once the Federal government had an independant source of revenue, it could ignore the states.


28 posted on 05/26/2013 5:00:06 AM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: Gen.Blather

You may be thinking of Huey Long, governor of Louisiana. He promoted an explicit “Share Our Wealth” program. Most folks at the time thought Long was a fascist and a pretty fine fellow. But then he got shot by someone who felt differently.


29 posted on 05/26/2013 5:01:02 AM PDT by ClearCase_guy
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To: Jacquerie

4th branch — Valarie Jarrett


30 posted on 05/26/2013 5:01:51 AM PDT by bigbob
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To: Jacquerie
Because we no longer have a Senate that is beholden to states' interests that oversees the confirmation of federal department heads?

Because we now have a Senate that is more interested in protecting party interests, therefore they look the other way when their party is in control?

Because the 17th amendment drives Senators to toe the party line or else lose campaign funds that weren't necessary before the 17th, when state legislatures appointed their Senators without the need for elections?

-PJ

31 posted on 05/26/2013 5:02:05 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Jacquerie

The Know Nothing Party — that is a perfect name for the party that knows nothing about the Bill of Rights except for the 5th Amendment and probably can’t even cite that properly.


32 posted on 05/26/2013 5:02:34 AM PDT by Uncle Chip
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To: Jacquerie

With the failing revenue model of the Fed Gov, the clearly rogue actions of the Treasury Department it is an ideal time to push for elimination of the Income Tax and the 16th Amendment. And all agencies involved in collecting that tax.

This would as consequence force addressing the issue of Social Security. That is the monster no one wants to touch.


33 posted on 05/26/2013 5:04:49 AM PDT by Texas Fossil
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To: Political Junkie Too

Yes.

Yes.

And yes.


34 posted on 05/26/2013 5:05:31 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: Texas Fossil
I agree with that. I would also add that Voter ID is an idea whose time has come. The knock against that is the Republicans were "suppressing the vote" by demanding proof of a voter's identification. Well, after the IRS scandal, we know which party really wants to suppress votes. And, really, why is identification such a "controversial" topic?? Just do it. Now is the time.

I would argue that less fraud-prone elections would make those other good goals a lot easier to achieve.

35 posted on 05/26/2013 5:08:32 AM PDT by ClearCase_guy
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To: Jacquerie

Sure is interesting to see Turley say stuff like this...one who has seemed to consistently back the oppressive policies of Demon Rats.


36 posted on 05/26/2013 5:10:02 AM PDT by SoFloFreeper
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To: Political Junkie Too
One of my faults is watching the morning C-Span show.

Ninety nine percent of the rat callers think the purpose of Congress is to rubber-stamp whatever ‘Bam wants.

The 17th was supposedly designed to make Senators accountable to the people. It did the opposite. As you pointed out, they are beholden to their parties, and rats face certain defeat if they buck the diktats of El Presidente.

37 posted on 05/26/2013 5:10:27 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: Jacquerie

I have been saying this for a while.

This is not the first time but in 2009 here is a post where I said it was Time to DownSize DC.

http://www.freerepublic.com/focus/f-bloggers/2416398/posts

IT IS TIME to DownSize DC! Let the chips fall where they may, but it is not time to cut and run.

2 posted on Mon 28 Dec 2009 12:36:02 PM CST by Texas Fossil (Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.)

I first proposed this to a POL in OK (when I lived there) prior to 1995. A major element of what I suggested to him was that it was time to force Congress to Telecommute most of the year. Away from DC and under the thumb or the electorate, away from the lobbyists.


38 posted on 05/26/2013 5:14:26 AM PDT by Texas Fossil
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To: Texas Fossil; reg45
>>the clearly rogue actions of the Treasury Department it is an ideal time to push for elimination of the Income Tax and the 16th Amendment.<<

With repeal of the 17th, reform is possible, including repeal of the evil 16th.

We have government by administration because elected Senators like it. Until State interests are restored, Congress will do a Mark Levin “fan dance” and accomplish nothing.

39 posted on 05/26/2013 5:15:10 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: ClearCase_guy

Totally agree.


40 posted on 05/26/2013 5:15:38 AM PDT by Texas Fossil
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