Look, as a libertarian I think the list of federal entities to be abolished soon should include the:
Consumer Financial Protection Board, Federal Trade Commission, Federal Communications Commission, Securities and Exchange Commission, Federal Reserve System, Department of Education, Department of Housing and Urban Development, Department of Health and Human Services, Department of Agriculture, Internal Revenue Service, U.S. Agency for International Development, Central Intelligence Agency and the rest of the “community,” Consumer Product Safety Commission, Food and Drug Administration, Drug Enforcement Agency, Federal Bureau of Investigation, Environmental Protection, Agency, Federal Emergency Management, Agency, Department of Homeland Security, Department of Treasury, Department of Energy, Library of Congress, Department of the Interior, Office of the U.S. Trade Representative, Immigration and Customs Enforcement, Customs and Border Protection, Alcohol, Tobacco and Firearms, National Science Foundation, National Endowment for the Arts, National Endowment for Humanities, Corporation for Public Broadcasting, and all so-called government-sponsored enterprises (Fannie Mae, Freddie Mac, etc.).
That’s a hastily compiled shortlist. You’ll find more here. The absence of an agency is not to be construed as approval. I apologize if your favorite candidate for deletion is not there. No malice was intended. Perhaps some parts of the departments of Defense and Justice will need to be retained pending the full liberation of the free market. I’ll leave that for another time.
Moreover, the national government should cease sending taxpayer money to “private” organizations around the world whether they do mischief—which I imagine describes most of them—or not. In fact, it should stop taking the taxpayers’ money and sending it anywhere. Government contracts should be viewed with suspicion.
While I want these agencies and departments zeroed out and their employees freed for productive work, as a libertarian I am also concerned with how this should be done. My worry is not over the government employees being retired. The government should not be a jobs program. Every government employee, who is paid through the theft known as taxation, could be producing goods in the market economy, where consumers rule through consent and exchange. Consumers have more agency than taxpayers do and will be able to let former government employees know whether they are productive or not. If the privatized workers are unproductive in some endeavors, they will have to find others. That’s how the free market works.
In judging Trump’s frenzy of activity, we should remember that he has not enunciated a coherent vision of the relationship between the individual and government. We can tell that he’s a nationalist social engineer who sees the theoretically private sector as his to manipulate as he thinks necessary. Look at his use of tariffs, which interfere with private trade. Even using the tariff threat as a bargaining tool is objectionable, however. How, for example, are entrepreneurs to plan their businesses if any plan could be upset tomorrow by a presidential tariff threat that may or may not be carried out for who-knows-how-long? When Javier Milei slashed the government in Argentina, he had already set out a free-market vision, which allowed reasonable expectations to form. Compare that to Trump, whose mind must resemble an unmade bed.
Although we can enjoy the panic experienced by the advocates of big government, who fear losing power and access to our wealth, process does matter. Even the seeming chaos might be satisfying. But it’s short-sighted. If someone were to seize control of the national government in a coup and abolish Congress and the courts along with the federal agencies, I’d be concerned. The reason is not that I like those branches; it’s that as long as political power exists, we’re better off if it is divided at the federal level and between the federal and state levels. Concentrated power is dangerous. No novel insight there.
Congress long ago began to create independent agencies—the so-called alphabet agencies—with the power to regulate our peaceful pursuits. As many people have long pointed out, Congress has in effect illegally created a fourth branch of government by fiat, not by constitutional amendment, which seems to be required. That needs to be reversed—but not autocratically, unless a specific statute permits it.
The new president has been signing executive orders apace. Some of them are to be applauded (for instance, the end of DEI, the ban on censorship); but some not so much (the attempted abolition of constitutionally acknowledged birthright citizenship). He’s done some of this by declaring national emergencies, which is doubly worrying. The record of governments abusing people after declaring emergencies is horrible.
Over many years Congress has given the executive branch the unchecked power to declare emergencies, authorizing the exercise of extraordinary powers. Invoking an emergency is not new with Trump. (See the recent pandemic.) People who liked that power when other presidents exercised it now object. That’s politics for you.
Trump indeed has declared emergencies related to immigration, energy, and trade. Where are these emergencies? They are invented. The immigrants are not a hostile foreign army; they are workers looking for better lives. The unsightly border mess could be fixed by legalizing immigration. On energy, U.S. oil and gas production is high, which is reflected in its prices. He doesn’t need an emergency to get Congress to free the energy market. World trade delivers to consumers a cornucopia of affordable goods. That’s no emergency requiring new taxes. Trump’s emergencies are bogus excuses.
Jacob Sullum of Reason reports that libertarian legal scholar Ilya Somin demonstrates justifiable concern over Trump’s emergency-mongering:
As George Mason law professor Ilya Somin notes, “an emergency is a sudden, unexpected crisis, not an ongoing policy issue on which the president wants to redirect resources in ways not authorized by Congress.” The situation at the southern border “doesn’t even come close to qualifying” as an emergency, Somin argues, especially since “illegal entries are down to their lowest level since August 2020, when the rate was unusually low due to the Covid pandemic.” If the president “can declare an emergency and tap a vast range of special emergency powers anytime he wants for any reason he wants,” Somin warns, “that makes a hash of the whole concept of an emergency, raises serious constitutional problems, and creates a dangerous concentration of power in the hands of a single person.”
Sullum and Somin rightly point out that Trump’s invocation of the notorious 1798 Alien Enemies Act and his labeling of drug cartels as terrorist organizations is ominous. Drug cartels are the products of U.S. drug prohibition and its inevitable black market.
For more insight let’s turn to one of the great presidency watchers: Gene Healy of the Cato Institute, author of The Cult of the Presidency. In a blog post the other day Healy identified good, bad, and ominous actions in Trump’s conduct. Lots of things Joe Biden did by executive order surely needed undoing. Unfortunately, that’s not all Trump has done.
“[A]t some point,” Healy writes, “you have to ask yourself, is this any way to run a country?” He goes on:
In Federalist 70, Alexander Hamilton insisted that “energy in the executive” would foster “steady administration of the laws.” But living with the turbocharged modern presidency means whipsawing between extremes as the law changes radically whenever the office changes hands. That system isn’t just stupid, it’s dangerous: By raising the stakes of the transfer of power, it risks making every presidential election a “Flight 93 election.”
He goes on to say how this threat might be addressed:
There’s no shortage of smart legislative proposals for reining in presidential power. If we don’t want the president to be able to unlock new statutory powers by saying the magic words “national emergency,” Congress could amend the National Emergencies Act so those powers quickly expire unless Congress votes to approve the national emergency declaration.
Sen. Rand Paul’s REPUBLIC Act aimed to do just that—while also blocking the use of the International Emergency Economic Powers Act as a trade-war weapon. Other bills from Senator Paul and Sen. Mike Lee would require congressional approval for presidentially imposed trade restrictions. But while the REPUBLIC Act cleared committee last September, none of these proposals even made it to the floor—let alone the president’s desk.
That would be a good—if modest—start. But we have to start somehow and somewhere. Those of us who want (at least) a radical downsizing of federal domestic and foreign powers should not get so caught up in current events that we ignore the long-term dangers and precedents of an autocratic presidency.
