https://www.wsj.com/articles/the-deep-state-is-all-too-real-congress-chevron-delegation-civics-hunter-biden-985ed65e?mod=opinion_lead_pos5
There are two competing conceptions of American governance: the version students are taught in the classroom, and the one that exists in the real world. Grade-school civics teaches that Washington is designed to operate under a system of checks and balances, constrained by the Constitution and empowered by the consent of the governed. In practice, however, power has become concentrated in the executive branch and largely wielded by unaccountable career bureaucrats. The notion of a “deep state” isn’t a conspiratorial talking point but a manifest political reality.
The separation of powers is an animating principle of our nation’s founding documents. As the Constitution outlines, the U.S. has three distinct and coequal branches of government: a legislature that passes laws, an executive branch that implements them, and a judiciary that interprets them. This built-in division is meant to restrain government overreach and prevent abuses of power. The president and members of Congress regularly stand for election to ensure the government is accountable to the governed, and the judiciary serves in good behavior to ensure that justice is dispensed impartially.
While this sounds nice in theory, the federal government typically doesn’t honor it in practice. Congress has delegated much of its lawmaking authority to the executive branch since the 1930s. Federal agencies now issue regulations that have the force and effect of the law. “Administrative judges”—executive-branch employees—routinely preside over trial-like proceedings without juries, letting agencies act as both prosecutor and judge.
Under the Supreme Court’s Chevron doctrine, courts generally defer to the executive branch’s interpretation of the law—both in regulatory and enforcement proceedings. Many of the Constitution’s checks and balances, from the separation of powers to the right to jury trial, have fallen by the wayside.