In one recent year alone, Congress passed 138 laws—while federal agencies finalized 2,926 rules. Federal judges conduct about 95,000 trials a year, but federal agencies conduct nearly 1 million. Put all that together and you have a situation in which one branch of government, the executive, is arrogating to itself the powers of the other two.
This probably understates the case. Most of the laws were probably brief fixes or extensions or for national _____ day declarations. The administrative rules can be thousands of pages long and create nightmarish compliance issues. Already, most of our businesses compliance efforts (which seem to be rising exponentially in time and cost) are due to administrative rules changes rather than new laws per se.
I find the judicial issue potentially even more concerning. While we have pretty well-protected due process rights in court, most of these get tossed aside in administrative hearings and trials.