The Administrative State refers to the vast network of federal agencies and bureaucracies that create and enforce regulations across nearly every aspect of American life. Though it exists within the executive branch, it has evolved into a quasi-legislative and quasi-judicial entity, effectively functioning as a fourth branch of government. Unlike Congress or the judiciary, the administrative state is staffed by unelected officials, many of whom wield enormous regulatory power without direct accountability to the voters. This has led to constitutional concerns, particularly regarding separation of powers, legislative authority, and due process.
A Concise History of the Administrative State
The origins of the administrative state in the U.S. trace back to the Progressive Era (late 19th to early 20th century), when intellectuals and politicians advocated for expert-driven governance to manage complex social and economic issues. President Woodrow Wilson, a leading progressive, argued that government needed to be run by experts rather than politicians, setting the stage for the rise of administrative agencies.
The New Deal era (1930s) under Franklin D. Roosevelt saw the administrative state explode in size, with the creation of agencies such as the Securities and Exchange Commission (SEC) and the National Labor Relations Board (NLRB) to regulate finance, labor, and other industries. Roosevelt’s alphabet agencies took on vast new powers, functioning outside direct congressional control. This expansion continued into the Great Society (1960s) under Lyndon B. Johnson, adding more social programs and regulatory bodies, such as the Environmental Protection Agency (EPA) in the early 1970s.
Since then, the administrative state has continued to grow, accumulating enormous regulatory power over industries, businesses, education, healthcare, and even personal freedoms. Today, it operates with little oversight from Congress or the courts, effectively making, enforcing, and interpreting laws—a function that should be reserved for elected lawmakers and judges under the Constitution.
Main Departments and Agencies of the Administrative State
The administrative state is composed of federal executive departments and independent agencies, each with vast regulatory power. Some of the most influential include:
- Department of Health and Human Services (HHS) – Regulates healthcare policy, oversees Medicare and Medicaid.
- Environmental Protection Agency (EPA) – Implements environmental regulations and emissions standards.
- Department of Education (DOE) – Shapes education policy and enforces federal standards.
- Federal Communications Commission (FCC) – Regulates telecommunications and broadcast media.
- Securities and Exchange Commission (SEC) – Oversees financial markets and enforces securities laws.
- Department of Labor (DOL) – Controls workplace regulations and labor policies.
- Occupational Safety and Health Administration (OSHA) – Sets workplace safety standards.
- Internal Revenue Service (IRS) – Administers the federal tax code and regulations.
- Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) – Enforces federal laws and conducts investigations.
- Federal Reserve (The Fed) – Controls monetary policy, interest rates, and banking regulations.
While many of these agencies serve legitimate functions, their unchecked power raises significant constitutional concerns.
Where the Administrative State Has Gone Wrong Constitutionally
The U.S. Constitution establishes three branches of government:
- Legislative (Congress) – Makes laws.
- Executive (President) – Enforces laws.
- Judiciary (Courts) – Interprets laws.
However, the administrative state has effectively become a fourth, unaccountable branch of government. This has happened in several ways:
1. Rulemaking: Bureaucrats Function as Lawmakers
Congress has delegated too much authority to agencies, allowing them to create binding regulations that carry the force of law. While only Congress is constitutionally empowered to make laws (Article I, Section 1), agencies bypass the legislative process and enact rules without public debate or a vote by elected representatives.
Example: The EPA imposes sweeping environmental rules that impact industries, often without congressional approval.
2. Concentrated Power: Acting as Legislators, Executives, and Judges
Agencies write rules (legislative power), enforce them (executive power), and adjudicate disputes (judicial power)—all within the same entity. This violates the separation of powers envisioned by the Founding Fathers.
Example: The SEC enforces financial laws and also acts as judge and jury, bypassing the courts in cases against businesses and individuals.
3. Lack of Accountability: Unelected Officials Hold Enormous Power
Bureaucrats are not elected, yet they control regulations that impact millions. Unlike Congress, which is directly accountable to the people through elections, administrative agencies operate behind closed doors and face little public scrutiny.
Example: The CDC and OSHA issued sweeping COVID-19 mandates affecting workplaces and travel without direct congressional authorization.
4. Weaponization of Bureaucracy: Politicization of Agencies
Over time, federal agencies have become politically weaponized, filled with ideologically driven operatives rather than neutral public servants. Bureaucracies often implement partisan policies, sometimes even resisting presidential oversight.
Example: The IRS targeted conservative organizations under the Obama administration, delaying tax-exempt status applications for groups that opposed progressive policies.
5. Judicial Deference: Courts Favor Bureaucracies
The Supreme Court’s “Chevron deference” doctrine (Chevron U.S.A., Inc. v. NRDC, 1984) has allowed agencies to interpret their own authority broadly, leading to massive regulatory overreach.
Example: The Department of Education reinterpreted Title IX to enforce new gender identity policies in schools without congressional input.
The REINS Act: A Solution to Rein in the Administrative State
The Regulations from the Executive in Need of Scrutiny (REINS) Act) is designed to curb the administrative state’s power by restoring congressional oversight of major regulations.
Key Provisions of the REINS Act
- Congress Must Approve Major Rules – Any regulation with an annual economic impact of $100 million or more must be approved by both the House and Senate before it takes effect.
- Expedited Legislative Review – Congress must vote on major rules within a set timeframe, preventing bureaucratic delays.
- Legal Recourse for Citizens – Individuals can challenge unlawful enforcement of rules that bypass congressional approval.
- Protection Against Political Weaponization – Ensures unelected officials cannot unilaterally impose major policy changes without legislative consent.
How the REINS Act Restores Constitutional Balance
- Restores Legislative Power to Congress – No more unelected regulators making laws without congressional approval.
- Checks Executive Overreach – Presidents and their agencies cannot impose sweeping regulations without legislative consent.
- Increases Government Accountability – Elected officials, not bureaucrats, must answer for major policy decisions.
- Strengthens Economic Stability – Prevents costly and burdensome regulations that harm businesses and consumers.
Conclusion: Why the REINS Act is Crucial for Constitutional Governance
The Founding Fathers never intended for unelected bureaucrats to govern the nation. The Administrative State has far exceeded its constitutional limits, undermining Congressional authority, the separation of powers, and individual liberties. Through the REINS Act, Congress has a chance to reassert its constitutional role, restore democratic accountability, and rein in the unchecked power of federal agencies.
If left unchecked, the administrative state will continue to operate as an unaccountable, fourth branch of government, diminishing individual freedom, economic growth, and constitutional governance. The REINS Act is a necessary step in reclaiming the principles of representative government and ensuring that major policy decisions are made by the people’s elected representatives—not unelected bureaucrats.