The search for power, and using it to control the country

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.

In the last 100-plus years, 10 new federal departments have been created:
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.

Our government has grown beyond what it was intended to be

December 12, 2023

After the Revolutionary War when the Founders were working on a governing document, they worked hard to not only develop a good design, but a design that protected the people from a government that could control everything they did and thought.

The design they came up with was spectacular, creating a nation governed by a philosophy of limited government and individual freedom. It had three co-equal branches: the legislative branch to pass needed and beneficial laws; an administrative branch to run the country and enforce the laws; and a judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws.

The design was not perfect, but included a mechanism to amend the Constitution to make it better. Of course, the success of the design depended upon those working in government: the employees and appointed and elected officials. It was expected that everyone involved would understand and support the design.

But, as fate would have it, some politicians and bureaucrats have their own ideas about what should be done, and how. Consequently, the government has grown in size and power, well beyond what the Founders imagined. Still, despite the excesses of the politicians and bureaucrats, many of whom were honestly trying to make things better, the government has grown too big and too powerful.

Columnist George Will in a recent column provided some insight into where we are, discussing a lawsuit before the Supreme Court that could be a start to changing things back toward the original design. The column started with a quote from James Madison in Federalist 47. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands … may justly be pronounced the very definition of tyranny.”

He then went on to discuss the case, but used an example of bureaucratic/administrative overreach, and how such behavior weakens what was and could again be the best governmental design ever.

The example he used describes the typical enforcement activities of some federal agencies, in this case the Federal Trade Commission, as published in the Harvard Law Review.

“The Commission promulgates substantive rules of conduct. The Commission then considers whether to authorize investigations into whether the Commission’s rules have been violated. If the Commission authorizes an investigation, the investigation is conducted by the Commission, which reports its findings to the Commission. 

“If the Commission thinks that the Commission’s findings warrant an enforcement action, the Commission issues a complaint. The Commission’s complaint that a Commission rule has been violated is then prosecuted by the Commission and adjudicated by the Commission. This Commission adjudication can either take place before the full Commission or before a semiautonomous Commission administrative law judge. 

“If the Commission chooses to adjudicate before an administrative law judge rather than before the Commission and the decision is adverse to the Commission, the Commission can appeal to the Commission. If the Commission ultimately finds a violation, then, and only then, the affected private party can appeal to an Article III court. 

“But the agency decision, even before the bona fide Article III tribunal, possesses a very strong presumption of correctness on matters both of fact and of law.”

In this case, and many other similar instances, even if the rules in force have been assumed to be appropriate, or found to be appropriate by the courts, the behavior of the government agency in being the only party prosecuting the rule breaking, and deciding whether things are right or not, is more than just a little heavy-handed.

This is precisely what Madison was referring to in the Federalist article. When the government makes the rules, adjudicates the rules, decides the outcome and also the penalties, the people are not being fairly or constitutionally dealt with. 

In a government set up to be fair in its dealings with the people, it is clearly not in the best interest of the people when the politicians and bureaucrats work under the table to increase their power over the people, the very people they are elected and hired to serve.

In the example cited, and likely many others we may not have heard about, what is the difference between life in the United States, and in some third world or authoritarian regime? Realistically, we are not there yet, but have been walking in that direction.

What we find and have observed for a long time is a strong effort on the part of politicians and bureaucrats to engage in what former President Barack Obama promised during his 2008 campaign: “fundamentally transforming the United States of America.” 

There have been efforts to pack the Supreme Court; do away with the Electoral College; replace the local and state government control of elections with federal control of elections; move away from dependable energy sources; end our energy independent status; heavily restrict or ban citizen gun ownership; dictate what type of light bulbs and other conveniences and appliances we may have; and effectively open our southern border to all who want to enter, for whatever ends they may seek.

Our country is weaker and further from its original design than in many decades. Or, perhaps, ever.