Dismantling America’s Destructive ‘Fourth Branch’ of Government

Every American learns in grade school of the three-part structure of the U.S. government: the legislative, executive, and judicial branches. In The Federalist Papers, No. 47, James Madison, called by many the “father of the Constitution,” remarked the accumulation of these powers in the hands of one party “may justly be pronounced the very definition of tyranny.” The Constitution -- at least, in theory -- forbids any one of the three branches from delegating its powers or duties to another branch. But the Constitution has effectively been amended, albeit quite outside of the prescribed process. Today, a fourth branch of government, nowhere authorized in the Constitution, has, as legal scholar Philip Hamburger observes, “transformed American government and society” and “become the government’s primary mode of controlling Americans.” How did such an abysmal change to the constitutional edifice come to pass so quietly? The story...(Read Full Article)

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