1 Comment

how the president and congress with simple majority votes can gut agencies. No fillibuster proof majorities needed.

Presidential Executive Orders

Reorganization Plans:

The President can issue executive orders under existing laws, such as the Reorganization Act of 1977, to restructure or consolidate agencies. Congress has 60 legislative days to disapprove; otherwise, the reorganization takes effect611.

Example: President Trump’s recent executive orders eliminated programs like the Federal Executive Institute by directing relevant agencies to terminate operations and revoke their legal basis.

Defunding via OMB:

The Office of Management and Budget (OMB) can be directed to propose budgets that reduce or eliminate funding for specific agencies, effectively forcing Congress to act on these recommendations.

Example: Recent executive actions have included regulatory caps and budgetary constraints to reduce agency funding.

Transfer of Responsibilities:

Executive orders can reassign agency functions to other departments or state governments, reducing the agency's role or making it redundant. This could be done for agencies like the Department of Education by transferring its functions to Health and Human Services or state-level entities.

Regulatory Rollbacks:

Executive orders can mandate aggressive deregulation, such as requiring agencies to repeal multiple existing regulations for every new one introduced (e.g., 10-for-1 deregulation policy.

Legislative Strategies (Simple Majorities)

Budget Bills:

Congress can pass appropriations bills that zero out funding for targeted agencies. Without funding, these agencies cannot operate effectively.

Authorization Bills:

Amendments to authorization legislation can either sunset an agency’s existence or significantly narrow its scope. For example, Congress could rewrite the Department of Education’s authorizing statutes to phase out its functions.

Incremental Reductions:

Gradual reductions in an agency’s budget, staff, or responsibilities through annual budget bills can make the process politically palatable while achieving long-term downsizing goals.

Legislative Reorganization:

Congress can pass reorganization bills consolidating agencies or transferring their responsibilities to other departments or state governments. For instance, education-related functions could be merged into block grants managed by states.

Sunset Clauses:

Introduce sunset provisions in legislation requiring periodic reauthorization of an agency’s activities. Failure to reauthorize would result in automatic termination.

Block Grants:

Convert federal programs into block grants for states, reducing federal oversight and administrative costs while shifting control to state governments.

Reconciliation Process:

Use budget reconciliation, which requires only a simple majority in the Senate, to enact spending cuts or structural changes indirectly impacting agency operations.

Joint Resolutions:

Pass joint resolutions disapproving specific regulations or directives from an agency, which require only a simple majority in both chambers

Expand full comment