The Shifting Balance of Power: How Unelected Bureaucrats Wield Increasing InfluenceOutline:1. The Anomaly at the Heart of "Schoolhouse Rock!"2. The Shift in Power from Elected Representatives to Unelected Agencies3. The Quasi-Legislative Powers of Federal Agencies4. The Staggering Scale of Agency Output5. The Historical Roots of the Delegation of Legislative AuthorityRemember the iconic "Schoolhouse Rock!" videos? While they provided a wonderful introduction to our system of government, a closer examination reveals an anomaly at the core of the legislative process depicted. The video follows the progress of a bill designed to require school buses to stop at railroad crossings, ultimately becoming a law. However, in reality, we have no such specific federal law – instead, we have an agency rule buried deep within the Code of Federal Regulations.

Uncovering the Shifting Balance of Power

The Anomaly at the Heart of "Schoolhouse Rock!"

The "Schoolhouse Rock!" video's depiction of the legislative process, while largely accurate, overlooks the significant shift in power that has occurred in recent decades. Not only has there been a transfer of authority from local to federal governments, but even within Washington, a dramatic shift has taken place from elected representatives to unelected agency officials. These days, federal agencies don't just enforce the laws Congress writes; they also engage in activities that resemble legislating and judging, blurring the lines between the three branches of government.

The Shift in Power from Elected Representatives to Unelected Agencies

Today, executive officials regularly issue sweeping rules that can have a profound impact on the lives of millions of Americans. While some of these rules are the result of direct presidential directives, the vast majority are produced without effective oversight from the White House or Congress. As one expert has explained, "a single bureaucrat can at times exercise an authority that exceeds that of a member of Congress." This trend is exemplified by the fact that a significant percentage of rules issued by federal agencies are crafted by lower-level officials rather than Senate-confirmed agency leaders.

The Quasi-Legislative Powers of Federal Agencies

The sheer scale of agency output is staggering. In 2015, for example, Congress adopted around 100 laws, while federal agencies issued 3,378 final rules and published another 2,334 proposed rules. These rules cover an astonishingly wide range of topics, from the pH levels of ketchup to the fat content of peanut butter. This expansion of agency power has occurred despite the Constitution's clear assignment of "All" federal legislative powers to Congress, and the historical principle that Congress cannot delegate its legislative authority to executive branch officials.

The Staggering Scale of Agency Output

The growth of the administrative state has been a gradual process, with roots tracing back to the early days of the Republic. In the debate over the postal system following the Constitution's ratification, some Founders, including James Madison, expressed concerns about delegating legislative power to the executive branch. Over time, however, the courts have been less inclined to enforce the principle that Congress cannot delegate its legislative authority, leading to the current landscape where agencies wield significant policymaking power.

The Historical Roots of the Delegation of Legislative Authority

The shift in power from elected representatives to unelected bureaucrats has profound implications for our system of government. As one Supreme Court Justice observed, "Whereas the colonists challenged the king, today's citizens may find it impossible to know exactly who is responsible" for the rules and regulations that shape their lives. This raises important questions about the role of democratic accountability and the proper balance of power in a constitutional republic.