In America, there are three branches of government the executive, judicial, and legislative branches specifically.

But some people call the administrative state the ‘fourth branch of government.

Let's take a closer look.

The term ‘administrative state refers to agencies that exist under the executive branch at the local, state and federal levels.

Federal examples of the administrative state include cabinet agencies like the Department of Justice, as well as independent bodies like the Environmental Protection Agency.

This is referred to as the ‘fourth branch by some, because these groups have the authority to create, interpret, and enforce regulations themselves.

Outside of traditional governing methods.

But how and why did they get this power in the first place?

In the late 1800s, the nation was facing new challenges posed by rapid industrial and urban growth.

Large railroad monopolies adopted anti-consumer practices that harmed small businesses and farmers alike.

As a result, the first independent regulatory agency, the Interstate Commerce Commission, was established to ensure ‘just and reasonable pricing to curb the anti-consumer behavior of these companies.

Then, during the 20th century, Congress delegated an increasing level of authority to agencies to regulate even more industries.

Specifically, in 1946, they passed the Federal Administrative Procedure Act, which outlined how these agencies could create, amend, and repeal regulations without direct congressional approval.

Since then, the federal administrative state expanded considerably, totaling over 400 agencies.

In 2025, the Trump administration put several of these agencies under intense scrutiny.

The U.S.

agency for International Development, or USAID, which provided foreign aid to developing nations, was shut down just a few months into his second term.

Additionally, the Department of Education was almost entirely dismantled.

Although Congress has not officially eliminated it.

Similarly, the Consumer Financial Protection Bureau has seen a 90% reduction in staff, but is still technically active.

Not to mention the many other agencies that have been severely affected by the push against what some call ‘the deep State.

Those against the expansion of the administrative state argue that concentrating authority to these agencies enables them to undermine public control, stifle innovation, and saddle industries with compliance costs.

On the other hand, proponents say these agencies are necessary because they have specialized knowledge that enables them to be more effective and responsive than legislators would be otherwise.

But what do you think?

Should we expand the administrative state's authority or just give it all back to the other branches?

Simple CIvics, brought to you in part by the Indiana State Teachers Association.