The Rise of the Fourth Branch of Government

Below is today’s column in the Washington Post’s Outlook Section on the dangers of America’s growing administrative state. Ask any elementary student and you will hear how the Framers carefully designed a tripartite, or three-branch, system to govern the United States. This separation of powers was meant to protect citizens from tyranny by making every branch dependent on each other to carry out the functions of government. These three branches held together through a type of outward pressure – each holding the other in place through their countervailing forces. Add a fourth branch and the structure begins to collapse. That is precisely what is happening as federal agencies grow beyond the traditional controls and oversight of the legislative and executive branches. The question is how a tripartite system can function as a quadripartite system. The answer, as demonstrated by the last two decades, is not well. The shift from a tripartite to a quadripartite system is not the result of simply the growth in the size of the government. Rather, it is a concern with the degree of independence and autonomy in the fourth branch that led me to write this column.

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.

Clearly, there was a degree of willful blindness in these claims. However, the suggestion that someone, even the president, is in control of today’s government may be an illusion.

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.

When James Madison and the other Framers fashioned a new constitutional structure in the wake of the failure of the Articles of Confederation they envisioned a vastly different government. Under the federalism model, states would be the dominant system with most of the revenue and responsibilities of governance. The federal government was virtually microsoptic by today’s standards. 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. [These numbers can be themselves misleading since much federal work is now done by contractors as part of "downsizing" but the work of the agencies has continued to expand. Moreover, technological advances have increased the reach of this workforce].

This growth since the founding 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.

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Permalink Reply by Chip on June 3, 2013 at 7:21am

I always thought the fourth branch was Goldman Sachs. Or maybe the media or special interest groups or lobbyists or even the C I A.
Some folks used to joke that the fourth branch was the people. Lol, silly slaves.

Permalink Reply by Nobody Will Observe on June 3, 2013 at 4:20pm

LOL!

Permalink Reply by Central Scrutinizer on June 3, 2013 at 7:58am

already got a 4th branch of government..... They're called "Grand Jury's". These are what We, The People need to prosecute all these illegal, criminal pricks who are destroying the US with. There are 11 states beginning to build their own Grand Jury's, w/ the only intention to get that usurping bastich out of the WH, and bring back the US Constitution in full power.

Permalink Reply by Nathan on June 3, 2013 at 4:06pm

While I think GJ's are great and I'd like to see some criminal prosecutions, they by themselves don't solve the underlying problem. First step in righting the ship o' State, IMHO, is repeal of 17A. Return to the States their seat at the federal level; it'll put teeth back into 10A [canines and incisors]. This one step would dramaticaly alter the federal/State power equation.

How does one eat an elephant? One bite at a time my friend...one bite at a time :)

Permalink Reply by Central Scrutinizer on June 3, 2013 at 6:47pm

GJ's gotta better chance.....lol

Permalink Reply by Nathan on June 3, 2013 at 9:02pm

I wouldn't argue with that :)

Permalink Reply by Central Scrutinizer on June 15, 2013 at 12:15pm

;)

Permalink Reply by Russ Jensen on April 14, 2014 at 5:34am

If you want criminal investigations you simply have to Claim Your Lawful Sovereign Authority and issue a Lawful Demand.

It works, I will be happy to share what this has done to get the State of Utah to do a lot of things, including dropping criminal indictments against Sovereign Citizens and returning property (land) along with initiating Criminal Investigations against former Government Officials

http://12160.info/video/basics-to-understand-about-stating-your-cla...

Russ Jensen

Permalink Reply by Nobody Will Observe on April 16, 2014 at 12:17am

Be happy to look at any proof you have Russ.

Thank You for commenting

Permalink Reply by Chip on June 3, 2013 at 8:06pm

The progressive montra...swing for the fences constantly be uncompromising while the opposition is pragmatic or realistic is the secret of their success.

Permalink Reply by Vicki Marburger on June 15, 2013 at 12:10pm

Hi-JOIN IN AND HELP ESTABLISH REAL GRAND JURIES!

In a stunning 6 to 3 decision Justice Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people.

It is in effect a fourth branch of government "governed" and administered to directly by and on behalf of the American people, and its authority emanates from the Bill of Rights.

COURT SUMMARY: The Common Law Grand Jury is an unalienable right of the people a forth branch of government created and administered directly by and on behalf of the people. It is separate from the courts functioning by its "own will" above the government serving as a referee between the Government and the people”. It is an investigative body acting independently with unhindered power to investigate and indict criminal wrongdoing merely on suspicion that the law is being violated, or even because it wants assurance that it is not. It needs not identify the offender it suspects, or even the precise nature of the offense it is investigating. It swears in its own witnesses, deliberates in total secrecy and Its indictment cannot be challenged. In short it has a duty to seeks out injustice and rectify it.

So what does this all mean?

Just to name a few things - we can turn back the “political and judicial clock” to 1789, we can indict criminals including judges and politicians, we can reinstate the real duties of the Sheriff, we can reinstate the “Elected Committeemen”, we can get our armories and militia back, we can force compliance to the Third Continental congress’s (2009) Articles of Freedom, we can stop Agenda 21 ... For more information go to http://newyorkcommitteemen.org and click on the first News update to listen to our last conference call and read the case.

We are organizing 25 people in each of New York’s 62 counties across the state to become Grand Jurist.

More details go to > http://newyorkcommitteemen.org/default.html and Click to listen Grand Jury How? to and Why?

You can also join us on our Monday night conference call at 7:45PM, for details on how to join us go to > http://newyorkcommitteemen.org/conference/default.html

Feel free to call me with any questions.

John Darash
(845) 233-6560
JohnDarash@NYCommitteemen.org

Permalink Reply by Central Scrutinizer on June 15, 2013 at 12:15pm

great post Vicki!!!