November 11, 2025
Since the colonies became fed up with the heavy-handed rule of the British crown more than 250 years ago, a government design opposite to that arrangement has been the goal. A government of the people, by the people and for the people became the dominant theory. And that idea was the basis for our constitution and the government that it created.
But the benefit of that concept has gradually faded through the years, leading to decades of actions that weakened that system, and has taken control out of the hands of the people, and put a growing degree of power in the hands of those serving in government.
Today we see a larger and more controlling government body than our Founders could ever have imagined would evolve from their system.
The tri-partite government consisting of a legislative branch, an administrative branch and a judicial branch, each independent of the other two, and no single branch being more powerful than the others, has been weakened.
Our federal government has grown in the number of administrative departments and employees. Along with that growth has come more and more interference with the freedoms recognized in the U.S. Constitution as belonging to the people, and protected by the government, not provided by it.
In many cases, the growth of government and the accompanying loss of personal freedom that resulted may have been intended to accomplish good things. And perhaps some good did result. However, the weakening of the system is ultimately a greater harm than the relatively small degree of good that may have been gained.
For example, what one may now do with their property is now controlled by volumes of laws and regulations from all levels of government. If, for example, you have a pond or some small water feature, you likely will have to get government approval to change it, or do away with it. Other similar restrictions apply over almost everything.
This negative change in how our government operates is dealt with by Mark Levin in his new book On Power. Levin, a constitutional lawyer, author and syndicated talk show host, comments in his chapter titled, “On Negative Power,” the following: “Given the ubiquity of the federal government and its reach into virtually all areas of society, this is an enormous betrayal of representative government by the supposed representative branches.”
He notes that for a century or so the three branches have been involved in “the construction of a massive administrative state, the contours of which are elusive and seemingly boundless, and constructed without a constitutional foundation.”
And he cites the failure of the judicial branch to call a halt to this development and legitimization of the fourth branch of government: the bureaucracy, which is not in the U.S. Constitution.
1903 - the Department of Commerce and Labor, which was separated in 1913 into two departments: the Department of Commerce and the Department of Labor
1953 - the Department of Health, Education, and Welfare
1965 - the Department of Housing and Urban Development
1966 - the Department of Transportation
1977 - the Department of Energy
1979 - the Department of Education
1980 - the Department of Health and Human Services
1989 - the Department of Veteran’s Affairs
2002 - the Department of Homeland Security
About this growth and movement away from our governmental design, Levin notes that the failure of the judiciary to intervene, as it can legally do, has given this movement an appearance of legitimacy. “The delegation of representative government to a non-representative, ever-expanding bureaucratic behemoth is, by intent and design, the overthrow of actual representative and consensual government,” he wrote.
“As a result, the unelected judiciary and bureaucracy hold enormous power over the people by literally removing their participation and consent.”
Recognition of the rise in bureaucratic power and authority, and the accompanying loss of individual freedom, is not a new thing. And efforts to do an about-face and restore our republic to its original status are not unheard of, but so far have not been strong enough and not very successful.
President Donald Trump and his administration are making efforts to straighten things out a bit. But that is a long and steep road.
A White House Fact Sheet, released last February, focuses on the idea of dramatically reducing “the size of the Federal Government, while increasing its accountability to the American people,” and ending “ineffective government programs that empower government without achieving measurable results.”
As with everything Trump says and does, criticism and resistance abound. The criticism and resistance of the opposing political forces is expected. And they do not hesitate to exaggerate and mis-represent what is happening. But resistance has also surfaced in the judiciary, reinforcing what Levin said about that. Actions by federal district court judges, many of which have been determined to have been inappropriate, are interfering with Trump’s efforts.
And then there is the criminal activity in much of the resistance. Interfering with federal law enforcement in their efforts to arrest and deport illegal criminal aliens, for example, is not an approved peaceful protest, it is against the law.