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Fourth branch of government

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In politics of the United States , "fourth branch of government" is an unofficial term referring to groups or institutions perceived variously as influencing or acting in the stead of the three branches of the US federal government defined in the Constitution of the United States ( legislative , executive and judicial ). Views as to whether the influence is due or undue or the actions are for good or ill also vary.

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41-507: Such groups can include the press (akin to the European ' Fourth Estate '), the people (in sum or as grand juries ), and interest groups . The independent administrative agencies of the United States government , while technically part of any one of the three branches, may also be referred to as a ‘fourth branch’. While the term ‘ fourth estate ’ is used to emphasize the independence of '

82-531: A bureaucracy (in the original literal sense). Some critics have argued that a central paradox at the heart of the American political system is democracy's reliance on what the critics view as undemocratic bureaucratic institutions that characterize the administrative agencies of government. An argument made for calling administrative agencies a "fourth branch" of government is the fact that such agencies typically exercise all three constitutionally divided powers within

123-628: A digital subchannel . National Public Radio (NPR) is the primary non-profit radio service, offered by over 900 stations. Its news programming includes All Things Considered and Morning Edition . PBS and NPR are funded primarily by member contributions and corporate underwriters, with a relatively small amount of government contributions. Other national public television program distributors include American Public Television and NETA. Distributors of radio programs include American Public Media , Pacifica Radio , Public Radio International , and Public Radio Exchange . Public broadcasting in

164-633: A Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as the Securities and Exchange Commission , the Federal Reserve ,

205-493: A board that cannot be appointed all at once, and the board can be required to be bipartisan. Presidential attempts to remove independent agency officials have generated most of the important Supreme Court legal opinions in this area. In 1935, the Supreme Court in the case of Humphrey's Executor v. United States decided that although the president had the power to remove officials from agencies that were "an arm or an eye of

246-414: A fourth branch of government, as they create rules with the effect of law, yet may be composed at least partially of private, non-governmental actors. The intelligence agencies have also been referred to as the fourth branch of government by people such as House of Representatives member Ron Dellums , Lloyd Gardner and Tom Engelhardt . Bob Jessop , in his book, 'The State: Past, Present, Future’ notes

287-508: A fourth branch of government. In that opinion, Scalia wrote: [T]he grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It 'is a constitutional fixture in its own right' [case cites]. In fact the whole theory of its function is that it belongs to no branch of

328-442: A member is limited. Established through separate statutes passed by Congress , each respective statutory grant of authority defines the goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. Independent agencies exist outside the federal executive departments (those headed by

369-517: A political force in the campaign for American independence . Following independence, the first amendment to the U.S. Constitution guaranteed freedom of the press and freedom of speech . The American press grew rapidly following the American Revolution . The press became a key support element to the country's political parties, but also for organized religious institutions. During the 19th century, newspapers began to expand and appear outside

410-809: A report conducted jointly by the Project for Excellence in Journalism , part of the Pew Research Center , and the Joan Shorenstein Center on the Press, Politics and Public Policy at the Kennedy School of Harvard University , which examined 1,742 stories that appeared from January through May 2007 in 48 news outlets. Almost two-thirds of all stories in US news media, including print, television, radio and online, focused on

451-532: A single bureaucratic body: That is, agencies legislate (a power vested solely in the legislature by the Constitution) through delegated rulemaking authority; investigate, execute, and enforce such rules (via the executive power these agencies are typically organized under); and apply, interpret, and enforce compliance with such rules (a power separately vested in the judicial branch). Additionally, non-executive, or "independent" administrative agencies are often called

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492-437: A single director, administrator, or secretary appointed by the president of the United States , independent agencies (in the narrower sense of being outside presidential control) almost always have a commission, board, or similar collegial body consisting of five to seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints

533-540: Is a good idea. Jamieson cites coverage of the Green New Deal as an example. Research by Jameson has found the presence of tactically framed stories can make voters more cynical and less likely to remember substantive information. Independent agencies of the United States government [REDACTED] [REDACTED] In the United States government , independent agencies are agencies that exist outside

574-753: The Commodity Futures Trading Commission , the Federal Deposit Insurance Corporation , and the Consumer Financial Protection Bureau . Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency , serve "at the pleasure of the president" and can be removed without cause. The degree to which

615-737: The Electoral College , implementing e-voting and other measures. In an article titled "The 'Fourth Branch' of Government", Alex Knott of the Center for Public Integrity asserted in 2005 that " special interests and the lobbyists they employ have reported spending, since 1998, a total of almost $ 13 billion to influence Congress , the White House and more than 200 federal agencies ." The administrative agencies that are funded from public money may exercise powers granted by Congress. Without appropriate controls and oversight this practice may result in

656-407: The commissioners or board members , subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term, meaning that most presidents will not have the opportunity to appoint all the commissioners of a given independent agency. In addition, most independent agencies have a statutory requirement of bipartisan membership on the commission, so

697-464: The federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President . In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch , have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or

738-728: The 1920s, technological change again changed American journalism as radio began to play a new role, followed by television in the 1950s and internet in the 1990s. The Public Broadcasting Service (PBS) is the primary non-profit television service, with 349 member public broadcasters. News and public affairs programs include PBS NewsHour , Frontline , and Washington Week . In September 2012, PBS rated 88% above CNN in public affairs programming, placing it competitively with cable news outlets but far behind private broadcasters ABC, CBS, and NBC. Due to its local and non-profit nature, PBS does not produce 24-hour news , but some member stations carry MHz WorldView , NHK World , or World as

779-409: The American public. The media is also likely to have an interest in reporting issues with major direct effects on American workers, such as major trade agreements with Mexico. In other cases, it is difficult to see how the media can be prevented from setting the foreign policy agenda. McKay lists as one of the three main distortions of information by the media "Placing high priority on American news to

820-463: The President has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. In a narrower sense, the term independent agency refers only to these independent regulatory agencies that, while considered part of

861-451: The United States also includes Community radio and College radio stations, which may offer local news programming. An important role which is often ascribed to the media is that of agenda-setter. Georgetown University professor Gary Wasserman describes this as "putting together an agenda of national priorities — what should be taken seriously, what lightly, what not at all". Wasserman calls this "the most important political function

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902-487: The candidates but more rarely provide the candidates' specific public stances on issues that matter to voters. The same approach can also apply to issue politics. Kathleen Hall Jamieson, director of the Annenberg Public Policy Center coined the term "tactical framing" to describe news coverage that focuses on the question of how a policy proposal will affect the next election, rather than whether or not it

943-486: The circumstances under which the president can remove commissioners of independent agencies, if the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot reserve removal power over executive officers to itself. Constitutionally, Congress can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers, nor can Congress itself appoint

984-550: The cities of the Eastern United States . From the 1830s onward the penny press began to play a major role in American journalism. Technological advancements such as the telegraph and faster printing presses in the 1840s helped expand the press of the nation, as it experienced rapid economic and demographic growth. By 1900, major newspapers had become profitable powerhouses of advocacy, muckraking and sensationalism , along with serious, and objective news-gathering. In

1025-476: The commissioners – the Appointments Clause of the Constitution vests that power in the president. The Senate does participate, however, in appointments through " advice and consent ", which occurs through confirmation hearings and votes on the president's nominees. These agencies are not represented in the cabinet and are not part of the Executive Office of the president: Although not officially part of

1066-453: The detriment of foreign news. And when the US is engaged in military action abroad, this 'foreign news' crowds out other foreign news". American news media are more obsessed than ever with the horse-race aspects of the presidential campaign, according to a 2007 study. Coverage of the political campaigns have been less reflective on the issues that matter to voters, and instead have primarily focused on campaign tactics and strategy, according to

1107-475: The direct awareness of the public of these problems. In some cases, the public can choose another news source, so it is in a news organization's commercial interest to try to find an agenda which corresponds as closely as possible to peoples' desires. They may not be entirely successful, but the agenda-setting potential of the media is considerably limited by the competition for viewers' interest, readers and listeners. Different US news media sources tend to identify

1148-435: The executive branch, have rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. Their officers can be protected from removal by the president, they can be controlled by

1189-608: The executive", it upheld statutory limitations on the president's power to remove officers of administrative bodies that performed quasi-legislative or quasi-judicial functions, such as the Federal Trade Commission. Presidents normally do have the authority to remove regular executive agency heads at will , but they must meet the statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty , malfeasance , or other good cause . While most executive agencies have

1230-501: The institutional government, serving as a kind of buffer or referee between the Government and the people. Some have used this to call for common law grand juries "to expose fraud and corruption whether it is in the judicial or political realm." Others have used the term in calls to, e.g, "empower the people" by petition or referendum processes or, similarly, for "broader and more direct participation in our governance" by eliminating

1271-737: The media perform". Agenda-setting theory was proposed by McCombs and Shaw in the 1970s and suggests that the public agenda is dictated by the media agenda. In a commercialized media context, the media can often not afford to ignore an important issue which another television station, newspaper, or radio station is willing to pick up. The news media may be able to create new issues by reporting or they can obscure issues through negligence and distraction. For example, if neighborhoods are affected by high crime rates , or unemployment , journalists may not spend sufficient time reporting on potential solutions, or on systemic causes such as corruption and social exclusion , or on other related issues. They can reduce

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1312-446: The opportunity to fill enough vacancies to constitute a voting majority on each independent agency commission within the first two years of the first term as president. In some famous instances, presidents have found the independent agencies more loyal and in lockstep with the president's wishes and policy objectives than some dissenters among the executive agency political appointments . Although Congress can pass statutes limiting

1353-547: The other three branches.” News media in the United States Mass media are the means through which information is transmitted to a large audience. This includes newspapers, television, radio, and more recently the Internet. Organizations that provide news through mass media in the United States are collectively known as the news media in the United States . Journalism in the United States began humbly and became

1394-401: The political aspects of the campaign, while only one percent focused on the candidates' public records. Only 12 percent of stories seemed relevant to voters' decision-making; the rest were more about tactics and strategy. The proportion of horse-race stories has gotten worse over time. Horse-race coverage has accounted for 63 percent of reports this year (2007) compared with what the study said

1435-440: The president cannot simply fill vacancies with members of his own political party. The president can normally designate which commissioner will serve as the chairperson. Congress can designate certain agencies explicitly as "independent" in the governing statute, but the functional differences have more legal significance. In reality, the high turnover rate among these commissioners or board members means that most presidents have

1476-473: The press ', the fourth branch suggests that the press is not independent of the government. The concept of the news media or press as a fourth branch stems from a belief that the media's responsibility to inform the populace is essential to the healthy functioning of democracy. Douglass Cater , in his 1959 "The Fourth Branch of Government" offered the hypothesis that the press had become "a de facto , quasiofficial fourth branch of government " and observed it

1517-676: The public against all trespassers on their rights." In 1985, Walter Annenberg noted that several commentators were applying the term 'fourth branch of government' to the press to indicate that it has at least as much if not more power to direct public policy than do the other three branches, in part because of its direct contact with the public and its protection "by the First Amendment from responsibility for what they report". Justice Antonin Scalia 's majority opinion in United States v. Williams , 1992 has been relied on to refer to grand juries as

1558-421: The same major stories in domestic politics, which may imply that the media are prioritizing issues according to a shared set of criteria. One way in which the media could set the agenda is if it is in an area in which very few Americans have direct experience of the issues. This applies to foreign policy . When American military personnel are involved, the media needs to report because the personnel are related to

1599-442: The similarity of three constructs: Per Engelhardt: “Classically, … the three branches of government … were to check and balance one another so that power would never become centralized …. The founding fathers [never envisioned] that a fourth branch of government , the national security state , would arise, dedicated to the centralization of power in an atmosphere of total secrecy. In the post-9/11 years, it has significantly absorbed

1640-561: Was about 55 percent in 2000 and 2004. "If American politics is changing," the study concluded, "the style and approach of the American press do not appear to be changing with it". The study found that the US news media deprive the American public of what Americans say they want: voters are eager to know more about the candidates' positions on issues and their personal backgrounds, more about lesser-known candidates and more about debates. Commentators have pointed out that when covering election campaigns news media often emphasize trivial facts about

1681-409: Was the looseness of the American political framework that allowed news media to “insert themselves as another branch of the government”. Cater was "convinced that, insofar as the press did act as a true political player (rather than an unbiased observer of politics), it corrupted itself and went astray from its primary responsibility—to convey important information and to act as a nonpartisan watchdog for

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