Recent Supreme Court decisions are going to go a long way toward gradually rolling back the administrative state and the power of unelected bureaucrats.
When we talk about "unelected bureaucrats," we're usually referring to the numerous regulatory agencies that make up the administrative state. Many of these agencies were established in the 1930s, with another wave of creation occurring in the 1970s. Some are labeled "independent expert agencies," reflecting the Progressive Era's confidence in technocratic governance.
Over time, these agencies have increasingly consolidated power. It's common to describe the administrative state as an "unaccountable fourth branch of government," a convenient shorthand, but it would be more accurate to call it a "rarely-held-accountable fourth branch of government," since both Congress and the courts have largely deferred to or even bolstered its authority.
This situation has led to significant issues. Individuals, property owners, and businesses can suffer from unreasonable regulations and capricious enforcement. The economy can also suffer. Moreover, the regulatory agencies effectively take on roles that belong to separate branches of government—lawmakers, prosecutors, and judges.
However, there's good news. The current Supreme Court is emphasizing the importance of the Constitution, the separation of powers, and the need for Congress to reclaim its role as the most critical branch of government.
Being a member of Congress has become quite advantageous. You can pass poorly drafted laws to appease your constituents and evade accountability by leaving it to regulators and courts to interpret and rectify them. If anything goes awry, blame can easily be shifted to the courts and regulators. All you need is a catchy title for your bill—like the "Fixing Everything Act of 2024" or the "Inflation Reduction Act." You take credit, while others manage the fallout.
The Constitution, however, demands that each branch of government vigorously exercise its powers without infringing on others'. The current Supreme Court is resolute in two aspects: it won't perform Congress's duties, and it won't permit Congress to delegate its authority to other branches.
Thus, when the Supreme Court mandates that administrative agencies cannot both prosecute and adjudicate cases or cannot interpret legislation at their whim, it reinforces the the constitutional framework. And that's a positive development.