The fourth branch of government is out of control

Article here. Excerpt:

'America has witnessed a massive shift in government authority, says George Washington University law professor Jonathan Turley — one that “has occurred without a national debate and certainly not a national vote.” That shift has led to the de facto creation of a “fourth branch of government containing legislative, executive and judicial components but relatively little direct public influence.”

Turley made those remarks in recent testimony before a House Judiciary subcommittee. His talk waded deeply into the weeds of legal history and precedent, but the upshot was this: By failing to rein in regulatory agencies when they overstep their bounds, the Supreme Court and Congress have allowed those agencies not merely to administer law, but to create it — and run roughshod over the public in the process.
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The very day Turley was making that case, the Justice Department was taking steps to prove him right. It sent a “Dear Colleague” letter to state courts in all 50 states lecturing them about the harm done by the imposition of fines and fees on poor defendants, especially when those fines and fees become a source of revenue for local governments.

The letter laid out seven principles to guide the behavior of courts, and urged court officials “to review court rules and procedures within your jurisdiction to ensure that they comply with due process, equal protection, and sound public policy.”

Let’s stipulate right away that such practices are highly dubious and ripe for reform. That said, on what authority does an arm of the executive branch presume to dictate the activity of the judiciary — not only with regard to issues that are constitutional, such as due process and equal protection, but also with regard to those that aren’t, such as public policy?'