It’s a defining aspect of our system of government intended to preserve individual freedom in America.
Under the Constitution:
- Congress makes the law;
- the judiciary interprets the law;
- and the president executes the law.
By dividing power, our Founders sought to prevent any one person or office from amassing too much power.
But today administrative agencies exercise all of these powers under the same roof.
Federal agencies make, interpret, and enforce federal law.
Agency rules determine everything: from whether a farmer may plow her own field, to how government contractors are paid. to what kinds of contraceptives employers must provide.
Administrative bureaucrats are not elected and not accountable to the people.
When administrative agencies exercise this much government power, we are less able to participate in self-government.
As James Madison noted, the accumulation of all powers in the same hands “may justly be pronounced the very definition of tyranny.”
It’s time the Supreme Court takes a hard look at whether administrative agencies are consistent with the Constitution and federal law.