The Department of Government Efficiency “DOGE” describes itself as an entity led by Elon Musk and Vivek Ramaswamy that will focus on curtailing the administrative state by recommending where to cut waste, slash regulations, and trim the federal workforce. Everyone loves the party game “Two Truths and a Lie.” Can you identify which of the following statements about the administrative state is false?
A. Administrative agencies rather than Congress do most of the lawmaking in the United States.
B. DOGE plans on eliminating 75% of federal administrative agencies.
C. DOGE will have the authority to enact and implement administrative policy changes.
Let’s take these statements one at a time:
A. Truth! Although the Constitution vests “all legislative powers” in the legislative branch, Congress has delegated much of its lawmaking capacity to an alphabet soup’s worth of regulatory agencies. The unelected bureaucrats in this powerful “fourth branch” of government pass rules and regulations that direct nearly all aspects of everyday life. According to the Federal Register, there are 441 administrative agencies; in 2023 they issued 3,018 final rules, and will close out 2024 with 3,213 final regulations. In contrast, Congress passed only 68 bills in 2023 and 124 bills in 2024.
B. Truth! Musk and Ramaswamy have announced DOGE’s plan to eliminate approximately 75% of federal agencies in their effort to reign in and dismantle the administrative state. They have a three-part approach: regulatory rescissions, administrative reduction, and cost savings. First, DOGE is looking to cut a plethora of current federal regulations exceeding the initial authority granted to these agencies by Congress by applying two critical Supreme Court opinions. In West Virginia v. EPA, the Court applied the “major questions doctrine,” stating that agencies can’t regulate issues with major political or economic significance without clear authorization from Congress. In Loper Bright v. Raimondo, the Court overturned the Chevron deference doctrine, a 40-year administrative law precedent that instructed judges to defer to the regulatory agency’s interpretation of ambiguous laws. Musk and Ramaswamy contend that many of these regulations that go beyond congressional authorizations won’t survive legal scrutiny. Second, by cutting the federal workforce and consolidating duplicate agencies, the government becomes leaner and more efficient. Lastly, cutting the federal budget by refraining from spending appropriated funds, ending programs that are not authorized by Congress, and reducing governmental waste and fraud are a few positive first steps in restoring America’s fiscal health.
C. Lie! As currently described, DOGE is an external entity, not an official federal department and does not have legislative or regulatory authority. However, DOGE will provide recommendations, and the White House or Congress can carry out its recommendations through executive orders and congressional action. It is expected that its recommendations will carry great weight with policymakers.
Bottom line: It is time to reign in the power of the administrative state and give the authority back to those who are elected by, and accountable to, the American people.