Commentary | Reining In the Fourth Branch of Government – By Charles Lipson (Real Clear Politics) / July 6, 2022
The Constitution provides for three branches of government, sharing sovereign power. In fact, we have a fourth branch, the sprawling administrative bureaucracies. They are nominally part of the Executive Branch, which struggles to control them. Congress struggles, too, and now spends much of its time trying to oversee them. The oversight is spotty and the bureaucracies are often left to their own devices, free to write their own rules on even the most important issues.
Last week’s Supreme Court decision took an important step to rein in these bureaucracies. It ruled the regulations for carbon dioxide emissions, written and enforced by the Environmental Protection Agency, went well beyond the vague laws passed by Congress.
Most comments about the court’s opinion have emphasized two likely consequences of the ruling, both important. One, highlighted by the left and especially by climate activists, is that the ruling could lead to more CO2 pollution. Indeed, it undoubtedly will do so unless Congress acts. The second, underscored by conservatives and the right, is that the courts are finally trying to constrain Washington’s vast, centralized “regulatory state,” which they see as fundamentally undemocratic and a threat to our constitutionally guaranteed liberties and our right to govern ourselves through elected representatives.
