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Yes, and that's precisely the root of the problem here.

If you want government that's responsive to the will of the people, then it has to be either directly elected by the people, or accountable to someone elected by the people.

The way this is supposed to work constitutionally is that Congress sets policy by law, and the executive "take[s] Care that the Laws be faithfully executed". The executive branch does not set domestic policy at all; it just implements the policy Congress set.

But what happens when the scope of government grows so much to the point where Congress cannot possibly set all policy itself? What did happen is that Congress started creating agencies and granting them broad powers over certain aspects of domestic policy. It then, as the constitution provides, became the executive's job to implement those agencies. And as any software dev knows, there's a lot of wiggle room in implementation details.

So now we end up in a situation where the executive has a huge amount of control over these agencies which in turn have a huge amount of control over us.



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