| While democracy is heralded today as the key to our ability to retain individual freedom and liberty, it was long believed by many philosophers to lead only to the opposite of what it sought to achieve---tyranny. The American Founders were aware of these arguments against democracy, but they sought to alleviate these concerns by a government of limited powers guided by the rule of law. We remain guided by law today---most would argue too much law---but are no longer a government of limited powers and both of these factors, along with delegation of power by our representatives, has given rise to a massive administrative fourth branch. There are numerous problems with this, not the least of which is a lack of government accountability and control.;Others have addressed this issue before and this paper seeks to highlight what they have said about the ramifications of evolving from a democracy into a bureaucratic state. Emphasis is placed on analyzing what the other three branches have done to aid the process of administrative growth, particularly the Supreme Court which clearly has the power to strike down Congressional delegation as unconstitutional. A form of case study is utilized in order to provide an example of the power of agencies and the ramifications of delegating power to them within the immigration context. As a topic which is increasingly gaining force as a pivotal issue for politicians today, immigration provides a fascinating example of the problems inherent in delegation of power.;The conclusion admits that the administrative state, and the problems it raises for a democratic government, are here to stay. There is a solution---one that will promote accountability in our "four" branches, prevent poorly drafted legislation and constant problematic reform efforts, yet remain true to our desire for security and economic stability. It is in the end up to us as individuals, however, to promote change---in Tocqueville's words, to participate and practice self-interest rightly understood. Liberty requires individual and governmental responsibility. |
