How much of the Donald Trump government can dismantle?

In the weeks leading up to a president's inauguration, it is common to see a rush of political activity from the outgoing president, particularly when the new president is from a different political party. John Adams appointed a group of judges on the eve of his replacement by Thomas Jefferson. The Carter administration issued more than one hundred and seventy midnight regulations just before Ronald Reagan took office. Recent actions by the Biden administration include extending protection from deportation to hundreds of thousands of immigrants and blocking oil and gas drilling on more than six hundred million acres of federal waters. Donald Trump could immediately take steps to reverse these measures, but Biden has imposed burdens and costs to dissuade him. Biden has also resorted to the old retrenchment technique of burrowing into some of his political appointees, converting their jobs into civil service positions so they can stay permanently in the administrative state.

The administrative state includes more than two thousand federal executive agencies created by Congress and employs more than two million people. Several thousand political appointees are rotated through each presidential administration, but the rest are civil servants or career employees, most of whom cannot be fired at will. The missions of many agencies are associated with liberal or progressive causes, and conservatives favoring small government or deregulation have historically expressed frustration with the intransigence, or even existence, of the federal bureaucracy. Gerald Ford said: “One of the enduring truths of national capital is that bureaucrats survive. On the other hand, of course, elected officials in Washington come and go. Reagan said, “A government office is the closest thing to eternal life that anyone has ever seen on this earth!” Trump successfully reframed the long-standing and rather far-fetched complaint that a president's goals can be blocked by a vast administrative bureaucracy rooted in the more sinister concept of the deep state. Trump did not invent the term, but he popularized it in American politics, to condemn the idea of ​​unelected executive branch bureaucrats conspiring undemocratically to go against the president's plans.

Trump's rhetoric about the deep state began during his first presidency, when, beginning in 2017, he alleged that anti-Trump agents installed in federal law enforcement agencies had subjected to criminal investigation, hiding and fabricating evidence along the way, in order to undermine his credibility. Presidency. In 2022, while out of office, Trump defined the deep state more broadly, as long-settled swamp creatures who have been working on sinister, evil plots since long before my arrival in power. His hysterical and paranoid character made it easy to dismiss this claim as an excuse for his difficulties in governing during his first term and his countless legal problems.

Trump's claim that investigations into him were deep state conspiratorial operations was unconvincing; There were, however, people within the executive branch who saw themselves as trying to stop him. During and after his presidency, high-level officials confessed to conspiring to obstruct his wishes in light of what they saw as his incompetence, corruption and malice. In 2018, an anonymous New York Times op-ed, I Am Part of the Resistance Inside the Trump Administration, outlined internal efforts to curb the president's impulses and became a book the following year, A Warning. The perpetrator was eventually revealed to be Miles Taylor, the former chief of staff for the Department of Homeland Security. Thwarting Trump was also a theme in the memoirs of his former national security adviser John Bolton and his former Defense Secretary Mark Esper. Time reported in October that during Trump's first term, members of his national security team actively worked to prevent him from knowing the full extent of emergency powers a president was presumed to have. It has become clear that some executive branch officials, including likely many who have not made a public statement, have been deliberately working against the president's goals and, in fact, some might hope to see this kind of intentional resistance to again in the next four years.

The fact that these officials describe themselves as patriots working in the interests of national security and that many Americans support these efforts obscures the fact that the legitimacy of such actions has long been a subject of debate among legal scholars and experts from the administrative state. . To what extent should federal bureaucrats, many of whom may disagree with a particular president, be able to do their jobs insulated and independent of politics? An agency created by Congress for the purpose of protecting the environment, for example, might be filled with employees who feel obligated to continue fulfilling that mission even if a sitting president wishes to take actions that could harm the environment. environment. The same goes for agencies responsible for law enforcement, civil rights, education, consumer protection, product safety, and more. At some point, the divergence between these bureaucrats' commitments and the president's wishes might seem like subversion. Trump's 2023 campaign platform made a clear stand for presidential political control over agency bureaucracy, with a promise to dismantle the deep state and reclaim our democracy, starting with the president's power to fire rogue bureaucrats.

The firings shaped Trump's reality TV persona, and ultimately the law of the deep state is actually the law of who can be told you're fired. The president's cabinet is made up of agency heads he can legally fire at will, including Trump's picks of Pete Hegseth for secretary of defense and Pam Bondi for attorney general, whose hearings in Senate confirmation began this week. But the executive branch also includes dozens of independent agencies, such as the Federal Reserve, the Federal Election Commission, the Federal Communications Commission, and the Securities and Exchange Commission. Congress has stipulated that the heads of these independent agencies serve distinct mandates and cannot be fired at will, only for cause, making them somewhat less subject to presidential control. (On Monday, the Supreme Court decided not to hear a case in which it might have reconsidered whether to protect an agency head from presidential firing.)

Below the agency heads and top policymakers are layers and layers of career employees, including economists, doctors, lawyers, scientists, analysts, other experts, and administrative staff which operate without much public scrutiny and which cannot be dismissed at will. Scholars of agency bureaucracy have discussed the phenomenon of sabotage, in which a portion of an agency's employees who disapprove of the president's agenda may deliberately work to obstruct it. During the George W. Bush administration, EPA employees leaked internal documents suggesting that its Clear Skies plan did not adequately protect air quality. President Barack Obama's efforts to close Guantnamo were met with strong resistance from the Pentagon. Obama's plan to halt the deportation of undocumented immigrants who arrived as children was immediately challenged in court by Immigration and Customs Enforcement officials. The America First Policy Institute, a conservative think tank associated with Trump, has alleged various instances of bureaucratic resistance to Trump's policies by Department of Education employees who produced unusable drafts for the rule. Trump's Title IX; by National Labor Relations Board attorneys who refused to draft documents they disagreed with; and Department of Labor staff who delayed the production of a regulation.

The current administrative state is deep in the sense that many levels of bureaucracy are distanced from the president, allowing for some independence from the president's grip. Trump would like it to be superficial: structured to be more clearly receptive to and controllable by the president. Whether the desire for strict authority over the executive branch takes on an authoritarian note depends on how one views the president. In 2001, Elena Kagan, then a Harvard law professor, observed and celebrated how presidential control over the administrative state expanded dramatically during the Clinton years, making the regulatory activity of power agencies executive a growing extension of the president's own policies and policies. political agenda. If Trump were able, for example, to replace many current career bureaucrats with his own political appointees and then bring them on board, a future Democratic president might want to regain control of the bureaucracy by engaging in similar moves.

Two ways to create a more superficial administrative state are to eliminate many bureaucrats and appoint people who are trusted to advance the president's goals because they share his priorities. Trump appears to want to try both. He said his new Department of Government Effectiveness, or DOGE, would help dismantle government bureaucracy, reduce excessive regulations, cut wasteful spending and restructure federal agencies. Past Republican presidents, notably Reagan, pursued a deregulatory agenda that included budget cuts and staff reductions, but Trump, as always, put his personal stamp on this conservative impulse, imbuing it with intimidation, threats of reprisals and grievances. Although DOGE primarily opposes inefficiency, incompetence, and waste, its threats of dismissal may tend to increase the president's control over the bureaucracy and decrease attempts at sabotage.

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