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The Constitution created three branches of government, not four. There is no room in the Constitution for self-answerable bureaucracies or bureaucracies created by Congress, but functionally answering to no one except members of their own network. Even the Administrative Procedure Act, created by FDR to rein in the bureaucracy as a fourth branch of government has been almost entirely used by courts to rein in Trump’s presidential powers rather than that of the ‘independent’ bureaucrats.
Now maybe there would be some practical or moral grounds (even if not legal or constitutional ones) for independent agencies if they actually were the independent good government agencies that liberals pretend they are. They’re not. They’re invariably left of center and sliding fast.
Trump v. Slaughter, about the removal of an FCC commissioner with the unfortunate ‘slaughter’ name, looks set to roll back more of the bureaucratic state.
“You’re asking us to destroy the structure of government and to take away from Congress its ability to protect its idea that the government is better structured with some agencies that are independent,” Justice Sonia Sotomayor complained.
Well yes. Destroying the structure of a gargantuan government with unlimited powers and no constitutional basis is an essentially conservative project.
Independence from elected officials also means independent of the electorate. That’s the realm of philosopher kings. And these days the philosopher kings are all lefties. That’s not to say that there shouldn’t be more limitations on executive power. There should. And Congress should exercise more oversight over the monstrous size and power of the government. But the solution isn’t a fake independence, it’s direct engagement, and the ability of the public to also litigate when its interests are legitimately threatened.
There are three branches of government. Legislation cannot establish a fourth branch. That can be done by amending the Constitution. The independent agency gimmick is not constitutional and to the extent that it is beyond the checks and balances of the three branches it is a lawless bureaucracy, which is a feature of totalitarianism.
We have entered the twilight of our republic. The rulers have inundated our government with lackeys that are so challenged that they are not aware of it. The point of the Constitution was to have each section of government jealously guard its’ prerogatives. The founders did not understand that the type of individuals attracted to government employment would easily be subverted to a program that enriched wallets.
They knew that some members of Congress would be subverted but assumed they would be sidelined by the honest citizen. Oh well. The end is in sight. The new civil war will not be over a tyrannous government but over who will survive, the bureaucrats or the citizens. Sadly the creators of the problem will watch from the stands and survive either to control all as of now or begin the process anew.
The reason for this bureaucracy is that Congress WANTS these agencies making difficult decisions and imposing laws by fiat. That way, Congress doesn’t have to take stands on divisive issues and answer to voters
We can only hope Sotomayor’s health issues force her to resign during our President’s term.
Spot On! The “fourth branch” of government arguably is the result of Progressivism. Woodrow Wilson once wrote: “There is no place the government cannot go.” So the “fourth branch” arguably is the executive arm of that vision, with administrative experts making decisions, not We the People through our elected officials. That progressive vison is also in conflict with the Founders’ vision of limited government existing to protect and defend God-given natural rights, against enemies foreign and domestic. Yet Progressives do not believe in God-given natural rights. Rather, they believe that rights come from government. and the “fourth branch” again is but the administration of that idea.
Justice Sotomayor, the self-proclaimed “Wise Latina,” expressed alarm that President Trump’s Supreme Court case “is asking us to destroy the structure of government.” You’re darn skippy, given that the “structure of government” is another name for the unconstitutional (and bi-partisan) permanent government accretion commonly known as the Deep State. President Trump was elected to drive a stake through the heart of this “woke” beast. Any purported government agency that acts independently of the three branches of government– Executive, Legislative & Judicial– is a constitutional abomination. Recall the CIA freelancing fiasco that resulted in the Church Committee reforms of the 1970s. Submission to unaccountable government is slavery. You’d think that a “Wise Latina” would know that.
“You’re asking us to destroy the structure of government and to take away from Congress its ability to protect its idea that the government is better structured with some agencies that are independent,” Justice Sonia Sotomayor complained.
That’s not the question the court faces. The question before the court is if that structure is constitutional. That’s her job. Not maintaining the government as it exists regardless of constitutionality.
“But the solution isn’t a fake independence, it’s direct engagement, and the ability of the public to also litigate when its interests are legitimately threatened.”
The ability to litigate means very little in our current justice system. That leaves “direct engagement.”
For what it’s worth:
It can be argued that the federal government, aka, the “deep state”, already functions independently of the legislative and executive branches of government.
For example, congress passes legislation that becomes law. However, the federal bureaucracy interprets those laws by writing the rules and regulations, aka, Code of Federal Regulations or CPRs, based on the laws that congress passed. Currently, there are over 190,000 pages in the CFRs and growing.
What’s particularly egregious is that it more or less absolves both the congress and the executive branch of direct responsibility when CFRs go to far and become draconian for which the congress has to pass more legislation to correct.
In an insidiously abstract sense, it’s guaranteed employment for all three branches of government and the federal bureaucracy (the deep state.)
It’s further proof that the primary purpose of government (all governments) is to perpetuate itself and grow.
Even if those so-called independent agencies – the philosopher kings – were right wing still are unconstitutional. I wonder if Sotomayor will have the same opinion, if those philosopher kings were right wingers.
The reality is all those philosopher kings were put in place as part of the destruction of
“government of the people, by the people, for the people”
and replace it with
“government of the elite, by the elite, for the elite.”
It is time to fire all those philosopher kings, and turn stolen government power to the their true owners. The voters.
It was started from Wilson during his Presidency to create the Elite Deep State and move power away from Congress. The ruling of Humphreys came later top keep it going. With the Judicial over reach that is happening against Trump and the Constitution I see the Supreme Court looking at “Humphreys” and killing it.
Sotomayor is like all Dems/UNIPARTY fully in love with the Deep State and does not care for the Constitution. She only care for power and not for power of the people.
Someone needs to retire from Politics and take up Gardening it would be a better job for them