"In the wake of the Obama IRS scandal, a well-meaning GOP congressman posed this question: What rules might Congress enact to ensure that the tax bureaucrats couldn't again harass civic-minded Americans? It was the classic political answer to a problem (more rules), and therefore entirely the wrong one. When it comes to controlling the ranks of bureaucrats, the biggest priority isn't reorganization or even cutting numbers. It's about destroying their mission, their power.
The IRS was able to target conservatives because its mission is to police an insanely complex tax code that -- counting regulations and guidelines -- runs to an inconceivable 16 million words. This provides some 90,000 functionaries stunning discretion to snoop, question, dispute, reinterpret and penalize. Want to end targeting?
Create a flat income tax; eliminate the corporate tax; abolish tax credits; simplify nonprofit rules. Take away the mission and you take away both the power and the need for most of that workforce.
This is the point government-reform geeks are hoping Elon Musk and Vivek Ramaswamy -- and, more important, congressional Republicans -- internalize as they meet this week in Washington to ramp up a Department of Government Efficiency. Happy talk of mass firings is thrilling until one remembers that most bureaucrats are there because of complex programs mandated by Congress -- programs that don't simply disappear with pink slips. It might shave dollars to fire half the employees at Program X, but it still leaves the other half to double down on Program X mischief.
For a sense of that threat, consider a recent New York Times lament for the "exhaustion" felt by bureaucrats at "the prospect of a second go-round" with Donald Trump. They express "anxieties" about Trump "priorities" that will clash with their own "expert" opinions. They dislike any administration impeding their work on "climate change," "civil rights reforms" and "regulatory protections." The piece ends with the smug hope that the bureaucracy is now so vast as to provide it "imperviousness." This is the arrogance and resistance the reformers are up against.
Mr. Ramaswamy is showing strong signs he gets it. On these pages and in recent interviews, he has seized on the enormous opportunity the Supreme Court has provided DOGE, cabinet heads and Congress via its rulings on the "major questions doctrine" and Chevron deference. Those two decisions cabin bureaucrats' power to make decisions on their own -- at least going forward.
Mr. Ramaswamy's idea is that it is also an opening to subject thousands of existing regulations to those court tests and, under a "posture of executive humility," eliminate them. "All we need right now is an executive branch that says, 'Hey, Supreme Court, you've told us a lot of what we are doing is illegal,' " he said in podcast last month. "So we're not going to do that anymore, and that requires us to take any regulation that fails these standards . . . . We're just going to rescind, they are null and void . . . because they were never written by the people who we elected." He adds that "if you have 50% fewer regulations, that creates an industrial logic to say that, 'OK, then we don't need 50% of the people around anymore, either.' " Exactly. Get rid of the mission, and you get rid of the people and the behavior. Horse before cart.
Reformers are also hoping the DOGE duo -- alongside Mr. Trump -- understand how many of these missions and programs are jealously guarded by even Republicans in Congress. That's a fight no one is picking, but it will need to be engaged if DOGE wants success. Mr. Musk, for instance, is keen to overhaul a broken federal procurement system. But why does such an embarrassing system continue on autopilot? Because behind every $600 Pentagon hammer is a congressman with a district whose factory produces it. This is one place where threats and demands from Mr. Trump's bully pulpit could produce benefit; only that level of public shaming might move Republicans to give reform priority over their personal, district or state interests.
Which gets back to that IRS story. Gripe all you want about the unelected branch, but never forget this behemoth bureaucracy was created and emboldened by legislators who churned out programs and complexity for decades even as they abdicated their duty of writing clear limits into law. Yes, any elimination of waste or duplication or fraud is welcome -- and those will be the easiest DOGE targets. But this GOP Congress and presidency shouldn't get away with suggesting DOGE can do the work only they can.
Real change requires cutting programs, simplifying rules, handing power back to states, abandoning earmarks and handouts. That requires votes.
There is a brilliance to the DOGE title, as the goal of "efficiency" can justify just about anything. Cuts. Restructures. Relocations. There's a need for all of it, but for DOGE to be successful its north star must remain paring back the federal government's missions -- and reminding Americans that to diminish the government's power, legislators will need to get off their duffs." [1]
1. The Opposite of Mission Creep. Strassel, Kimberley A. Wall Street Journal, Eastern edition; New York, N.Y.. 06 Dec 2024: A.15.