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Cato Podcast

A Fourth Branch of Government

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 18 December 2015

⏱️ 9 minutes

🧾️ Download transcript

Summary

Concentrating power into administrative agencies creates something like a fourth branch of government. Jonathan Turley comments.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, December 18th, 2015.

0:06.0

I'm Caleb Brown.

0:07.0

People misunderstand how the framers of our Constitution actually view the separation of powers.

0:12.0

That misunderstanding has contributed to concentrating power in federal agencies.

0:17.0

Jonathan Turley, a professor of public interest law at George Washington University Law School,

0:22.0

spoke at a Cato Institute's

0:23.6

City seminar in New York this November. A programming note, Turley's comments

0:28.0

represent only his own views and not those of the House of

0:31.2

Representatives, which he represents,

0:33.4

in a case involving the Affordable Care Act.

0:36.0

Presidents have been usurping power, particularly from the legislative branch,

0:40.9

for decades.

0:41.6

And we've had this rise of the Uber presidency that is throwing off that

0:46.1

balance. We've also had the creation of what can be called a fourth branch, the rise of federal

0:51.9

agencies that have become independent even of the presidency.

0:56.0

You have in the United States the rise of something that's coming close to an English

1:01.2

ministry system, something we long reject. These ideas of these agencies

1:06.5

that are sort of self-perpetuating. And the impact of that is just extraordinary.

1:13.1

I mean, today you are 10 times more likely

1:16.4

to be adjudicated in an administrative proceeding

1:19.4

than you are in a real court of law.

1:21.6

There is roughly 100, thousand adjudications in the federal

...

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