The Presidency and the Administrative State
Flow Chart illustrates the Founders Framework and the Creation of the Administrative State
The Administrative State becomes the 4th Branch of Government, not as designed by the Framers’ Original Intent. This Defacto Branch of Government operates as a quasi-legislative branch, creating it’s own rules. It acts as a quasi-judicial branch, as it creates its own laws and sets penalties it sees fit. The administrative state is largely held out of reach of the Executive branch by being created as independent agencies.
This is the problem facing the Constitutional structure of the United States. It is necessary to rein in this 4th branch of government and get back to the original three-branch structure, accountable to the people who can replace them at the polls in Democratic Elections.