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Putting on the DOGE: A Modest Proposal Regarding Federal Regulation
A combination of events has created a unique opportunity:
- The election of Trump
- His partnership with Elon Musk, including the proposal for a Department of Government Efficiency (DOGE). Edit: Now official.
- The adjudication by SCOTUS of Loper v Raimondo, putting an end to the doctrine of Chevron deference which gave priority to executive agencies’ interpretation of the scope of statutes and regulations.
Taking advantage of Loper could require years, if not decades, of grinding litigation to rescind bureaucratic overreach (whilst they likely committed more). But, what if:
Someone with the president’s ear, access to artificial intelligence technology and social networks, and a known philosophy of “The best part is no part,” instead:
As part of the DOGE initiative, turns loose a combination of AI and a network of volunteers to review the vast expanse of federal regulations, compare their substance to the original authorizing legislation, and highlight those regs that appear to reach beyond that authorization, then…
Gives that list to the President, who will order the immediate rescinding of those regs, without delay for comment or review, as being beyond the scope of legislative intent.
That puts the left/deep state/state capitalists (take your pick or add) in the position of having to go to court to get the regs reinstated, putting the expense and political onus on them, or (HORRORS!) having to pass enabling legislation in the full light of day.
Simple (maybe too simple), but it would have an immediate impact on regulatory costs, plus making a clear signal that this time the swamp is really in trouble.
Published in Domestic Policy
I like the idea.
I was always convinced that a large part of the first term Trump boom came from all the regulations that were eliminated.
I like simple concepts, even when the implementation gets complicated. It would be truly wonderful if things happened the way you describe.
And issued today, after I wrote this:
https://x.com/EnergyLawProf/status/1856406808576889035
DC Circuit strikes down Council on Environmental Quality (CEQ) issuing environmental regulations. It was only chartered as an advisory, not regulatory, body. Another huge tranche of regs to be DOGE’d.
We need a Constitutional Amendment that no regulation issued by any Executive agency shall take effect until affirmed by a majority vote of the House and Senate.
Looks like Vivek is on it!
I would like a Constitutional Amendment creating a new elected House of Repeals, with the same districting and two year terms as the House of Representatives. All laws and regulations would be required to be reviewed by the House of
DoomRepeals after they had been in effect for six years. Unless approved by a majority of the House, they sunset. If not acted upon, they sunset. No omnibuses or reconciliations.Ooh, ooh! can we follow up with a GAO sweep of the agencies with disexpanded remits to see if they could maybe lose some of their personnel pretty please?
From your keyboard to President Trump’s eyes.
A very relevant document from Vivek (PDF). HT: @iwe