Fourth Branch of Government copySince the FDR New Deal, the office of the Presidency has power- grabbed, in violation of the concept of Separation of Powers far more over-reaching power to the Executive branch than is healthy for a Representative Republic. The New Deal created the ability for Agencies or Industries (aka the administrative state) to take over making laws, surpassing Congress. The normal process for our US lawmaking procedure was that a proposed bill had to go through both the House and Senate of the legislative branch of government.

Outside forces were not to influence the representative’s decision in making law or at least not to the extent these outside forces almost coerce our politicians today. The corruption that lobbyists present to lawmakers now and how easy buying votes for temporal gain has become in the 21st century US Government a travesty for checks and balances.

It is my opinion that one of the catastrophes of the New Deal, made over 100 years ago was the creation of Agencies being able to make policy and regulation for their respective industries. In effect, circumventing Congress and disrupting Free Markets and creating regulations that are enforced as law.

A great quote from an excellent author on these topics is seen in the next few paragraphs by William Jasper.

“The Unconstitutional Fourth Branch of Government

In 2011, Congress passed 81 bills into law. During the same period, federal agencies promulgated 3,807 regulations — rules that are treated as if they are binding law.

These agencies are under the executive branch, which means they are under the president. However, under the U.S. Constitution, the president has no authority whatsoever to make laws. Neither do any of his subordinates. The president’s role is to faithfully execute (i.e., administer) the laws passed by Congress, provided, of course, that said laws comport with the Constitution. The very first sentence of Article I, Section 1 of the U.S. Constitution states: “All legislative powers herein granted shall be vested in a Congress of the United States.” It is difficult to get more plain and definitive than that: “All legislative powers.” Congress is the legislative branch, and it possesses “all legislative powers.”

The executive and judicial branches have their own peculiar jurisdictions and purviews, but their powers do not include lawmaking. Nor does the Constitution allow the Congress to sublet or delegate its lawmaking authority to the president, bureaucrats, or judges.

Moreover, Congress has only those legislative powers “herein granted,” which means, of course, that Congress may not legislate on whatever its members may wish, but only regarding those particular matters granted by the states in the Constitution.

Nevertheless, Congress (and the American people, whose duty it is to vigilantly monitor Congress) has allowed the executive branch to stealthily, steadily build an enormous fourth branch of government — the federal regulatory leviathan — that has usurped legislative, executive, and judicial powers. According to our Founders, this is “the very definition of tyranny.” James Madison, frequently referred to as the “Father of the Constitution,” addressed this issue in essay No. 47 of The Federalist, noting:

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.

So, it should not be surprising to find federal bureaucrats acting tyrannically, since they have been allowed to accumulate “all powers, legislative, executive, and judiciary, in the same hands.” Consider: An agency (FDA, EPA, OSHA, etc.) issues regulations (legislative); then sends out agents to monitor and enforce the regulations, demand compliance, levy fines, and make arrests (executive); and if a citizen wishes to contest the regulatory action, he must appeal to an agency tribunal (judiciary).

Congress has completely abdicated its responsibility. It has allowed executive branch agencies to get away with usurping powers for so long that it has become an accepted practice. Now the chairmen of committees of Congress are reduced to the pathetic practice of beseeching third-level bureaucrats of myriad agencies simply to be allowed to examine the mushrooming multitude of regulations that are being fastened upon the citizens of this land. The regulations are as unconstitutional as the agencies that issue them. Not only should virtually the entire Code of Federal Regulations be abolished, but all of the unconstitutional regulatory agencies as well.” William Jasper in New American Article.”

The Federalist Papers, by James Madison written on January 30, 1788 is very applicable in modern politics. The dangers the wise words contained in Federalist 47, include the following:

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. Were the federal Constitution, therefore, really chargeable with the accumulation of power, or with a mixture of powers, having a dangerous tendency to such an accumulation, no further arguments would be necessary to inspire a universal reprobation of the system. I persuade myself, however, that it will be made apparent to every one that the charge cannot be supported, and that the maxim on which it relies has been totally misconceived and misapplied. In order to form correct ideas on this important subject, it will be proper to investigate the sense in which the preservation of liberty requires that the three great departments of power should be separate and distinct.” Federalist 47

For example, The EPA has just about killed small business and farming by over-regulation on as minute things as Dust regulation. Farm Dust Rule: The EPA, which has been regulating farm dust for decades, indicates it may tighten the standards as part of its review of the National Ambient Air Quality Standards (NAAQS). This could very likely put the standard below the amount of dust created during normal farming operations, making it impossible to meet. The effect will be to drive many already-struggling family farms into insolvency and to drive up food prices even higher.

Basically this over regulation puts the average middle class worker, small business, and entrepreneur out of business and favors the agencies or industries that should have competition. These industries “buy out” competition by knocking these fair, free market entrepreneurs off the playing field with over-regulation.

“Unfortunately, the Supreme Court of United States of America has for years blessed this unconstitutional practice by refusing to apply the Non-Delegation Doctrine. The non-delegation doctrine is basically a literal reading of Article 1 Section 1 and if properly employed by the courts would prohibit the Congress from delegating or granting lawmaking functions to any other body. The fact that SCOTUS has wrongly approved these delegations no more harmonizes them with the Constitutional than the fact that SCOTUS once approved Jim Crow Laws.” Ed Mazlish, Attorney; Constitutional Scholar.

In conclusion, the balance of power is too much in one entity, the de facto morphing of our three branches. The three branches of Government are in name only, arguably with these continued unconstitutional actions being unchecked. In essence all have been acting outside of the US Constitution for too long and basically have become unified rather than a healthy checks and balances system. Only the People can make the required changes to remedy the damage that has been done by the flagrant abuse of the US Constitution.

The abuse of power that has made America more and more of a Tyranny of abusive Leadership set on Collectivism rather than Sovereignty of the Individual whose rights come from Our Creator and Divine Providence. We are a Country that values the Individual to be exceptional and that is a big factor in what makes our Nation Exceptional. Exceptionalism never comes from the top down by mandate. Presently we have all three branches and both political parties acting as one big Entity. Look for the root of the problem when you see the symptoms. I welcome all feedback and further discussion at


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