The left may have made one of the worst mistakes in history in winning, either legally or not, the 2020 defeat of Trump. It let the ground work that he created lie in wait and his judicial appointees that he made have over the last 4 years gutted the administrative state. Now we will see if he and his appointees can use this base to rein in an administrative state with powers that go back to the great depression. The best outline I have found is in the article "May the force be with you". in the American Thinker by Clarice Feldman. Bear with me, it is a long and well written article and like the Constitution, not light reading. The author argues that the Federal Courts, up to and including the Supreme Court have done away with concept of administrative courts. While this may seem simple, the outcomes it envisions destroy most of the powers of the swamp. A simple example of that is in the issue of building a pond on your own land and totally enclosed on your land. The present system allows the state to say yes or no. If at present you appeal the decision it goes to a board or administrative court, created, staffed, empowered by, and answerable to, the agency. The results of that action bore legal status and were enforceable and were not really subject to review. A court decision has been made that system moot. The Supreme Court, with judges appointed by Trump, SEC vs Jarksey (2024) SCOTUS, stated that the whole system and any decisions they had made were not legal as congress had never created the system. Of course as Andrew Jackson proved with the Indian removals, the power to enforce the decisions lies in the hands of the President. Despite winning their case in court, the army moved them. Below is the article. It is an outline of what Trump and his appointees can do to destroy the swamp if they wish to use the powers that the courts have granted them. They DO NOT NEED congress to approve nor any new laws. They just need an "honest" justice system to enforce the laws of the land. While that may be impossible in the real world, there is at least a slight chance that Trump can pull it off. If so that would be the greatest change in the US since Lincoln preserved the Union in the 1860's. May the Force Be With Us Additional cases have also outlawed many of the other tools used by the swamp. They can not create rules out of thin air and enforce them for example. The article is just a very short outline of what can be done in the next 4 years.
Here is a laymans view of some of the changes. They will of course be fought over for years and if needed the democrats will pack the supreme court to get them outlawed. In each case thousands of examples could be given. West Virginia vs EPA Agencies can not make major decisions. Left to congress. Climate change, wilderness areas, tolls to drive in city centers, out law gas stoves, etc. Even questions why some of sub sections or agencies are allowed to exist. Loper Bright vs Raimondo Agencies can not decide what is legal, only federal courts or congress can. Is that dry wash that has water in it 30 days a year a stream and thus you can not build your house. Can you sell raw milk to someone who knows it is raw and buys it at your house. SEC vs Jarksey The whole system of agency law and courts is overturned. Kind of admits going to a court set up by an agency is a kangaroo court and you could neither get or expect justice. They will uphold the ruling that dry wash is damp and thus under their control. And of course the Interstate Commerce law allows them to outlaw private sales between two individuals of raw milk. It is for the good of the children you know. Corner Post vs Board of Governors Just a law was made 49 years ago doesn't mean it can't be challenged. Any one went to court on machine guns? Ruling was made when defendant didn't show up, either didn't know enough or couldn't afford to, but law stood. What other laws are on the books? These are just those mentioned in the article. IF ENFORCED BY ADMINISTRATION, each case brings into question millions of other cases and administrative rulings. Could even bring in a system to limit the almost absolute power of the President to decide what cars we will drive in 2040 or even we will drive. Biden issued an executive order in his first few days that totally changed the direction this country was heading and over ruled many of the things Trump had did with major effects on our nation. Illegal aliens entry and treatment for one small example. Here is the White House statement on what Biden did in first few days in office without the advise or consent of anyone. While you may well agree with his goals, should one man have that much unchecked power over our lives? Fact Sheet: President-elect Biden’s Day One Executive Actions Deliver Relief for Families Across America Amid Converging Crises | The White House Saying Trump should have it but not Biden or Biden but not Trump is not an acceptable answer over the long run. But everyone having it is not working out,
Fox News interviews Trumps new DOGE czar and he states that the above is right. Trump can do it without anyone's approval. The left is going to go ape#### over that and of course scream dictator. Might lead to who knows what as congress and democrats try to rein him in. The most important thing in my lifetime in politics may have been Trump's choices for the supreme court. Overturning Roe vs Wade may well be in the long run considered a minor decision given the scope of other changes going on.
The swamp and DTS attack as it looks like Trump might accomplish something. I would expect 24 hour coverage of a shadow cabinet by the MSM and NPR. They really believe that the rest of the country would be better off if it was ruled by the capable left doing what is best for them. They really don't trust the public to have a correct opinion on anything.
IMHO, "draining the swamp"... literally destroying the corruption ecosystem that gives them life... means denying Congress-critters and special interests the single most important thing needed to sustain their continued corruption... congressional tenure. Congressional term limits are the only way to break the corruption machine. A 2 term limit would cycle out all of Congress within 10-15 years, and END political families.
The Best thing Trump and his new team can do is to break the backs of the Bureaucrats, get rid of as many as they can as fast as they can, and to prevent them from ever holding any other gov job, PULL THERE SECURITY CLEARANCE'S permanently, which will prevent them from benefiting in any way from their current jobs in gov. and prevent them from working for any apparatus attached to Gov, so no more cushy job in civilian life after they leave gov. employment, no more Board Seats, or any consultant positions! In other words, kick them to the curb and block them from ever holding any gov positions or civilian opportunities that take advantage of their former gov. positions! Term limits will also help as will a fixed pay scale for any elected positions, and especially for any bureaucrats who manage to hold their jobs after the purge! One of the other super important purge groups is Military Officers, pull their security clearance, demote them out of FLAG rank, and put them on the beach! No more after service positions within the Military Industrial Complex, or Security Services or as a Contractor within!
