The People: A Powerful Fourth Branch of Government?
We are taught that our government is composed of three branches: executive, legislative, and judicial. Purposefully designed, this division of power should provide adequate checks and balances so that no single branch yields disproportionate influence over the others. But I suggest there is a crucial fourth arm we often overlook or take for granted: the electorate.
January 13, 2026 at 10:11 AM
By Jeffrey D. Harvey of Community Legal Services in Orlando, Florida.
We are taught that our government is composed of three branches: executive, legislative, and judicial. Purposefully designed, this division of power should provide adequate checks and balances so that no single branch yields disproportionate influence over the others. But I suggest there is a crucial fourth arm we often overlook or take for granted: the electorate.
Our founders, however, certainly did not overlook the importance of an engaged citizenry. Washington, Jefferson, Madison, Adams, Hamilton, Franklin—the very architects of this nation—each spoke passionately about an educated and active populace and its importance to a lasting republic. In fact, one can argue that the entire construct of the Constitution was not merely for protection of one’s rights but also to enable the individual to actively participate in the governance of the nation—to choose one’s representatives, to speak freely about leaders and government policies, to associate and read as we please, to petition the government for redress, and to enjoy the right of a trial by a jury of one’s peers.
I believe we have lost sight of that crucial tenet of our democratic republic: that this nation is by the people and for the people. Our liberties are not granted by a sovereign; they are granted by the participation of all of us. Our particular form of freedom takes work. Franklin summed up our obligation at the end of the 1787 Constitutional Convention when asked what the outcome was, monarchy or republic? “A Republic, if you can keep it.”
A Lazy Approach Yields Rotten Fruit The rancor surrounding our government has never been louder. The division between citizens is as pronounced as it has ever been in the nation’s short history. Red state, blue state, we all voice our dissatisfaction with whoever’s in power. We lazily listen to the endless drone of biased news, not thinking past the implications of what we’re hearing, just accepting it as valid or even true. We seem to prefer endless doomscrolling to open conversations with our neighbors over issues that impact us all.We tend to accept what we are told as truth, without critical thinking about what we hear. Thus, a minority of us head to the polls with some knowledge of the issues and perhaps a bit of insight into where the candidates stand. Our democracy deserves better and participation is the key.
Roles and Responsibilities in a Strong Democracy I am the CEO of a legal aid law firm and serve in the Army National Guard. My unique perspective of our democracy provides insight into our obligations as citizens in terms of protecting the nation and providing due process for those who can least afford it. But the republic does not just depend on a volunteer military and lawyers who lend their talents to help people facing legal hurdles; it relies on the active participation of its population.
Our responsibilities and roles go far deeper and are much broader. To better understand the importance of participation, let’s look at how to do so.
The Responsibilities of an Engaged Populace Pay Attention. Our role as overseers first requires us to pay attention. At a minimum, citizens and legal residents must be aware of the basic structures and happenings in our society. How institutions function, who is running them, how to interact with them, what they offer, how they are threatened, how we change them—all of these are foundational knowledge that must be understood and shared if we are to have a successful democracy.
Be Informed. Beyond awareness, being informed means actively pursuing information that relates to government, politics, history, science, culture, and the economy. Critical thinking about issues, what we believe to be facts surrounding those topics gives the individual great power to make effective change through informed opinions, persuasive arguments, and smart decisions. Conversely, and equally as important, is consideration of the impact of an uninformed decision.
Participate. The previous two roles are worthless if one does not participate. That does not mean simply voting; it means discussion within communities, healthy engagement with neighbors, and organizing around issues and movements one feels passionate about. Keep in mind that not participating is an action itself with its own set of consequences. Most notably, one loses the opportunity to help shape the society in which they live.
Key Roles in a Healthy Republic Media. Freedom of the press was a core element in framing the Constitution. A free, uncensored media bolsters the ability of the people to stay informed—it provides the transparency necessary for us to make decisions and judgments about our government’s performance. Conversely, an omnipresent news cycle and an endless stream of lazily produced content has diluted traditional fact-based reporting. News consumers seek out what’s comfortable and easy to digest. One result is that truth is easily lost in the noise. Another more critical outcome is that trust in the media has plummeted. Combined, the notion of truth becomes harder and harder to reach.
Lawyers. In many ways—and I think Adams would agree—attorneys shoulder the responsibility of democracy. As trained, privileged professionals, the profession has an obligation to give back to society. Pro bono work through legal aid is one way to inform the public of government’s role in their lives. We have the unique ability to pressure the system from within or defend against its attack. We must also work to ensure that the citizens understand the legal machinations of the government and their role in its healthy function.
As practitioners of the law, truth is an essential component of what we do. When we operate from a position of transparency, we begin to earn back the public trust.
Ourselves. The people are the fourth branch of government. Active participation is crucial to preserving our liberties, and every person in this country has a role to play. We must be more engaged within our communities—not online hot boxes of trolling comments and memes but in real life, face-to-face dialogue with neighbors with whom we may disagree or not understand. We must learn to discern our media intake, not taking for granted that the screaming is true. One of the greatest advantages of our internet age is the ability for individuals to quickly fact-check the latest headline.
‘The People’ Must Control Our Destiny As we’ve outlined, it is incumbent on the profession to preserve, protect, defend and truthfully inform the average person. The media must sharpen its journalism skills, hold each other accountable and tone down the shrill. These two groups are essential in ensuring that the populace is not only aware but informed and empowered to take action, without regard to political party.
There is a tipping point between action and inaction that I fear we are close to crossing. The blurring of truth exacerbates our predicament. Ignorance, greed, ambition, power, and prejudice are toxic human characteristics that spell disaster for our society when left unchecked. The genius of the founders’ work is that democracy was a radical concept that would keep those detrimental elements in check.
The people control the change, whether through participation or inaction. Without an understanding of our government’s function and structure, we cannot adequately inform ourselves to make wise participatory decisions. We see this in our frustration that government does not work and in our polarized electorate. But, not acting, not speaking, not organizing, and not voting allow others to make decisions counter to the good of the country.
I know through my service to the nation and my community that my neighbors and fellow servicemen and women are decent, good people. Most of us, in our hearts, want what is best for our community and nation. Individuals may feel frustrated, unheard, or discriminated against. Remember that our system is set up so that when we take care of the small everyday things—like socializing with each other, reading and listening with a critical mind, speaking up when presented with injustice, giving feedback to elected officials, voting—the larger issues like democracy, justice, and liberty take care of themselves. The system as built will work, but only if each branch—including the people—exercise their role of check and balance. It’s time to act.
Jeffrey D. Harvey is the chief executive officer of Community Legal Services, a full-service civil legal aid law firm serving the Central Florida community. He is a 24-year veteran of the U.S. Army and recently completed a master’s degree in strategic studies at the U.S. Army War College.
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