America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.

Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

"This book reveals a surprising ignorance on the part of unelected federal officials regarding the life circumstances and opinions of average Americans as well as an attitude of condescension"--

Throughout the contest for the 2008 Democratic presidential nomination, politicians and voters alike worried that the outcome might depend on the preferences of unelected superdelegates. This concern threw into relief the prevailing notion that—such unusually competitive cases notwithstanding—people, rather than parties, should and do control presidential nominations. But for the past several decades, The Party Decides shows, unelected insiders in both major parties have effectively selected candidates long before citizens reached the ballot box. Tracing the evolution of presidential nominations since the 1790s, this volume demonstrates how party insiders have sought since America’s founding to control nominations as a means of getting what they want from government. Contrary to the common view that the party reforms of the 1970s gave voters more power, the authors contend that the most consequential contests remain the candidates’ fights for prominent endorsements and the support of various interest groups and state party leaders. These invisible primaries produce frontrunners long before most voters start paying attention, profoundly influencing final election outcomes and investing parties with far more nominating power than is generally recognized.

Those who implement policies have the discretion to shape democratic values. Public administration is not policy administered, but democracy administered.

Jay Sekulow—one of America’s most influential attorneys—explores a post Obama landscape where bureaucracy has taken over our government and provides a practical roadmap to help take back our personal liberties. Jay Sekulow is on a mission to defend Americans’ freedom. The fact is that freedom is under attack like never before. The threat comes from the fourth branch of government—the biggest branch—and the only branch not in the Constitution: the federal bureaucracy. The bureaucracy imposes thousands of new laws every year, without a single vote from Congress. The bureaucracy violates the rights of Americans without accountability—persecuting adoptive parents, denying veterans quality healthcare, discriminating against conservatives and Christians for partisan purposes, and damaging our economy with job-killing rules. Americans are bullied by the very institutions established to protect their right to life, liberty, and the pursuit of happiness. Our nation’s bureaucrats are on an undemocratic power trip. But Sekulow has a plan to fight back. We can resist illegal abuse, we can reform a broken system, and we can restore American democracy. This book won’t just tell you how to win, it will show you real victories achieved by Sekulow and the American Center for Law and Justice. Unless we can roll back the fourth branch of govern­ment—the most dangerous branch—our elections will no longer matter. Undemocratic is a wake-up call, a call made at just the right time—before it’s too late to save the democracy we love.