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| | == The "Fourth Branch" of Government == | | == The "Fourth Branch" of Government == |
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| − | Recall that the three branches of government are legislative (Article I), executive (Article II) and judicial (Article III). This remained true from the ratification of the U.S. Constitution until the 1900s. Then, particularly during the Great Depression and the New Deal, a so-called "Fourth Branch" of the federal government arose, leading to the "administrative state" that we have today. This "Fourth Branch" is an offshoot of the executive branch. | + | Recall that the three branches of government are legislative (Article I), executive (Article II) and judicial (Article III). This remained true from the ratification of the U.S. Constitution until the 1900s. Then, particularly during the Great Depression and the New Deal, a so-called "Fourth Branch" of the federal government arose, leading to the "administrative state" that we have today. This "Fourth Branch" is an offshoot of the Executive Branch. |
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| | In 1790, there were only about 1,000 employees of the federal (national) government (other than the military). Now there are nearly 3 million federal government employees working in 69 agencies and 383 sub-agencies, not including the military. There are 15 different federal departments. This is the "administrative state." They are loosely under the control of the president, but in practice the president has very little authority over them. He cannot even fire most of them. | | In 1790, there were only about 1,000 employees of the federal (national) government (other than the military). Now there are nearly 3 million federal government employees working in 69 agencies and 383 sub-agencies, not including the military. There are 15 different federal departments. This is the "administrative state." They are loosely under the control of the president, but in practice the president has very little authority over them. He cannot even fire most of them. |
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| | Here are some examples of agency decisions affecting ordinary people: | | Here are some examples of agency decisions affecting ordinary people: |
| | *An administrative agency known as the [[Election Assistance Commission]] (EAC) maintains a federal voter registration form. Decisions of the EAC determine what the contents of the form are. The EAC decided that an oath and checkbox is sufficient proof of citizenship for applicants using the federal form, despite how easy it would be for people to falsely claim to be an American citien. [[Kansas]] and [[Arizona]], however, have state laws requiring documentary proof of citizenship (such as a birth certificate). A conservative, Kansas Secretary of State [[Kris Kobach]], brought a federal lawsuit seeking to have the EAC include instructions for Kansas and Arizona voters to include stronger, documentary proof of citizenship, such as a birth certificate, in order to reduce voting by illegal aliens. | | *An administrative agency known as the [[Election Assistance Commission]] (EAC) maintains a federal voter registration form. Decisions of the EAC determine what the contents of the form are. The EAC decided that an oath and checkbox is sufficient proof of citizenship for applicants using the federal form, despite how easy it would be for people to falsely claim to be an American citien. [[Kansas]] and [[Arizona]], however, have state laws requiring documentary proof of citizenship (such as a birth certificate). A conservative, Kansas Secretary of State [[Kris Kobach]], brought a federal lawsuit seeking to have the EAC include instructions for Kansas and Arizona voters to include stronger, documentary proof of citizenship, such as a birth certificate, in order to reduce voting by illegal aliens. |
| − | *An administrative agency known as the [[Consumer Financial Protection Bureau]] is authorized under the Dodd-Frank Act to restrict the use of pre-dispute arbitration clauses in financial contracts, based on the results of a study it is currently (as of 2014) conducting. This could have a profound effect on the availability of a streamlined forum where consumers can bring legal claims against banks, as well as the availability of financial products resulting from the savings banks may be able to achieve by arbitrating rather than litigating cases. | + | *An administrative agency known as the [[Consumer Financial Protection Bureau]] is authorized under the Dodd-Frank Act to restrict the use of pre-dispute arbitration clauses in financial contracts, based on the results of a study it is currently (as of 2014) conducting. This could have a profound effect on the availability of a streamlined forum where consumers can bring legal claims against banks, as well as the availability of financial products made possible by immense savings that result from arbitrating disputes rather than expensively litigating them. |
| − | *The Internal Revenue Service ([[IRS]]) promulgated a rule under [[Obamacare]] that will provide subsidies to individuals purchasing health insurance on Obamacare insurance exchanges, whether they are run by States or by the federal government. Some challengers argue that the literal text for Obamacare only allows the federal government to provide for subsidies on state-run exchanges, not federally-run exchanges. Many people have signed up for Obamacare health insurance on federally-run exchanges, and are receiving subsidies from the federal government which may not be allowed by law. Litigation is pending to resolve this. | + | *The Internal Revenue Service ([[IRS]]) promulgated a rule under [[Obamacare]] that will provide government subsidies to individuals purchasing health insurance on Obamacare insurance exchanges, whether they are run by States or by the federal government. Some challengers argue that the literal text for Obamacare allows the federal government to provide for subsidies on only state-run exchanges, not federally-run exchanges. Many people have signed up for Obamacare health insurance on federally-run exchanges, and are receiving subsidies from the federal government which may not be allowed by law. Litigation is pending to resolve this. |
| | *The [[Federal Aviation Administration]] made a rule requiring airfare advertisements to have the total airfare (including taxes) be displayed more prominently than any other price, and required airlines to refund most tickets without charge if cancelled within 24 hours of booking. These regulations survived a court challenge by [[Spirit Airlines]] and [[Southwest Airlines]], which objected to this interference with how they would prefer to do business. | | *The [[Federal Aviation Administration]] made a rule requiring airfare advertisements to have the total airfare (including taxes) be displayed more prominently than any other price, and required airlines to refund most tickets without charge if cancelled within 24 hours of booking. These regulations survived a court challenge by [[Spirit Airlines]] and [[Southwest Airlines]], which objected to this interference with how they would prefer to do business. |
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