Brownstone Institute
If the President in the White House can’t make changes, who’s in charge?
From the Brownstone Institute
By 
Who Controls the Administrative State?
President Trump on March 20, 2025, ordered the following: “The Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education.”
That is interesting language: to “take all necessary steps to facilitate the closure” is not the same as closing it. And what is “permitted by law” is precisely what is in dispute.
It is meant to feel like abolition, and the media reported it as such, but it is not even close. This is not Trump’s fault. The supposed authoritarian has his hands tied in many directions, even over agencies he supposedly controls, the actions of which he must ultimately bear responsibility.
The Department of Education is an executive agency, created by Congress in 1979. Trump wants it gone forever. So do his voters. Can he do that? No but can he destaff the place and scatter its functions? No one knows for sure. Who decides? Presumably the highest court, eventually.
How this is decided – whether the president is actually in charge or really just a symbolic figure like the King of Sweden – affects not just this one destructive agency but hundreds more. Indeed, the fate of the whole of freedom and functioning of constitutional republics may depend on the answer.
All burning questions of politics today turn on who or what is in charge of the administrative state. No one knows the answer and this is for a reason. The main functioning of the modern state falls to a beast that does not exist in the Constitution.
The public mind has never had great love for bureaucracies. Consistent with Max Weber’s worry, they have put society in an impenetrable “iron cage” built of bloodless rationalism, needling edicts, corporatist corruption, and never-ending empire-building checked by neither budgetary restraint nor plebiscite.
Today’s full consciousness of the authority and ubiquity of the administrative state is rather new. The term itself is a mouthful and doesn’t come close to describing the breadth and depth of the problem, including its root systems and retail branches. The new awareness is that neither the people nor their elected representatives are really in charge of the regime under which we live, which betrays the whole political promise of the Enlightenment.
This dawning awareness is probably 100 years late. The machinery of what is popularly known as the “deep state” – I’ve argued there are deep, middle, and shallow layers – has been growing in the US since the inception of the civil service in 1883 and thoroughly entrenched over two world wars and countless crises at home and abroad.
The edifice of compulsion and control is indescribably huge. No one can agree precisely on how many agencies there are or how many people work for them, much less how many institutions and individuals work on contract for them, either directly or indirectly. And that is just the public face; the subterranean branch is far more elusive.
The revolt against them all came with the Covid controls, when everyone was surrounded on all sides by forces outside our purview and about which the politicians knew not much at all. Then those same institutional forces appear to be involved in overturning the rule of a very popular politician whom they tried to stop from gaining a second term.
The combination of this series of outrages – what Jefferson in his Declaration called “a long train of abuses and usurpations, pursuing invariably the same Object” – has led to a torrent of awareness. This has translated into political action.
A distinguishing mark of Trump’s second term has been an optically concerted effort, at least initially, to take control of and then curb administrative state power, more so than any executive in living memory. At every step in these efforts, there has been some barrier, even many on all sides.
There are at least 100 legal challenges making their way through courts. District judges are striking down Trump’s ability to fire workers, redirect funding, curb responsibilities, and otherwise change the way they do business.
Even the signature early achievement of DOGE – the shuttering of USAID – has been stopped by a judge with an attempt to reverse it. A judge has even dared tell the Trump administration who it can and cannot hire at USAID.
Not a day goes by when the New York Times does not manufacture some maudlin defense of the put-upon minions of the tax-funded managerial class. In this worldview, the agencies are always right, whereas any elected or appointed person seeking to rein them in or terminate them is attacking the public interest.
After all, as it turns out, legacy media and the administrative state have worked together for at least a century to cobble together what was conventionally called “the news.” Where would the NYT or the whole legacy media otherwise be?
So ferocious has been the pushback against even the paltry successes and often cosmetic reforms of MAGA/MAHA/DOGE that vigilantes have engaged in terrorism against Teslas and their owners. Not even returning astronauts from being “lost in space” has redeemed Elon Musk from the wrath of the ruling class. Hating him and his companies is the “new thing” for NPCs, on a long list that began with masks, shots, supporting Ukraine, and surgical rights for gender dysphoria.
What is really at stake, more so than any issue in American life (and this applies to states around the world) – far more than any ideological battles over left and right, red and blue, or race and class – is the status, power, and security of the administrative state itself and all its works.
We claim to support democracy yet all the while, empires of command-and-control have arisen among us. The victims have only one mechanism available to fight back: the vote. Can that work? We do not yet know. This question will likely be decided by the highest court.
All of which is awkward. It is impossible to get around this US government organizational chart. All but a handful of agencies live under the category of the executive branch. Article 2, Section 1, says: “The executive Power shall be vested in a President of the United States of America.”
Does the president control the whole of the executive branch in a meaningful way? One would think so. It’s impossible to understand how it could be otherwise. The chief executive is…the chief executive. He is held responsible for what these agencies do – we certainly blasted away at the Trump administration in the first term for everything that happened under his watch. In that case, and if the buck really does stop at the Oval Office desk, the president must have some modicum of control beyond the ability to tag a marionette to get the best parking spot at the agency.
What is the alternative to presidential oversight and management of the agencies listed in this branch of government? They run themselves? That claim means nothing in practice.
For an agency to be deemed “independent” turns out to mean codependency with the industries regulated, subsidized, penalized, or otherwise impacted by its operations. HUD does housing development, FDA does pharmaceuticals, DOA does farming, DOL does unions, DOE does oil and turbines, DOD does tanks and bombs, FAA does airlines, and so on It goes forever.
That’s what “independence” means in practice: total acquiescence to industrial cartels, trade groups, and behind-the-scenes systems of payola, blackmail, and graft, while the powerless among the people live with the results. This much we have learned and cannot unlearn.
That is precisely the problem that cries out for a solution. The solution of elections seems reasonable only if the people we elected actually have the authority over the thing they seek to reform.
There are criticisms of the idea of executive control of executive agencies, which is really nothing other than the system the Founders established.
First, conceding more power to the president raises fears that he will behave like a dictator, a fear that is legitimate. Partisan supporters of Trump won’t be happy when the precedent is cited to reverse Trump’s political priorities and the agencies turn on red-state voters in revenge.
That problem is solved by dismantling agency power itself, which, interestingly, is mostly what Trump’s executive orders have sought to achieve and which the courts and media have worked to stop.
Second, one worries about the return of the “spoils system,” the supposedly corrupt system by which the president hands out favors to friends in the form of emoluments, a practice the establishment of the civil service was supposed to stop.
In reality, the new system of the early 20th century fixed nothing but only added another layer, a permanent ruling class to participate more fully in a new type of spoils system that operated now under the cloak of science and efficiency.
Honestly, can we really compare the petty thievery of Tammany Hall to the global depredations of USAID?
Third, it is said that presidential control of agencies threatens to erode checks and balances. The obvious response is the organizational chart above. That happened long ago as Congress created and funded agency after agency from the Wilson to the Biden administration, all under executive control.
Congress perhaps wanted the administrative state to be an unannounced and unaccountable fourth branch, but nothing in the founding documents created or imagined such a thing.
If you are worried about being dominated and destroyed by a ravenous beast, the best approach is not to adopt one, feed it to adulthood, train it to attack and eat people, and then unleash it.
The Covid years taught us to fear the power of the agencies and those who control them not just nationally but globally. The question now is two-fold: what can be done about it and how to get from here to there?
Trump’s executive order on the Department of Education illustrates the point precisely. His administration is so uncertain of what it does and can control, even of agencies that are wholly executive agencies, listed clearly under the heading of executive agencies, that it has to dodge and weave practical and legal barriers and land mines, even in its own supposed executive pronouncements, even to urge what might amount to be minor reforms.
Whoever is in charge of such a system, it is clearly not the people.
Author
From the Brownstone Institute
Many news outlets reported the announcement of the Nobel Peace Prize on Friday by saying President Donald Trump had missed out (Washington Post, Yahoo, Hindustan Times, Huffington Post), not won (USA Today), fallen short (AP News), lost (Time), etc. There is even a meme doing the rounds about ‘Trump Wine.’ ‘Made from sour grapes,’ the label explains, ‘This is a full bodied and bitter vintage guaranteed to leave a nasty taste in your mouth for years.’
For the record, the prize was awarded to María Corina Machado for her courageous and sustained opposition to Venezuela’s ruling regime. Trump called to congratulate her. Given his own attacks on the Venezuelan president, his anger will be partly mollified, and he could even back her with practical support. He nonetheless attacked the prize committee, and the White House assailed it for putting politics before peace.
He could be in serious contention next year. If his Gaza peace plan is implemented and holds until next October, he should get it. That he is unlikely to do so is more a reflection on the award and less on Trump.
So He Won the Nobel Peace Prize. Meh!
Alfred Nobel’s will stipulates the prize should be awarded to the person who has contributed the most to promote ‘fraternity between nations…abolition or reduction of standing armies and…holding and promotion of peace congresses.’ Over the decades, this has expanded progressively to embrace human rights, political dissent, environmentalism, race, gender, and other social justice causes.
On these grounds, I would have thought the Covid resistance should have been a winner. The emphasis has shifted from outcomes and actual work to advocacy. In honouring President Barack Obama in 2009, the Nobel committee embarrassed itself, patronised him, and demeaned the prize. His biggest accomplishment was the choice of his predecessor as president: the prize was a one-finger send-off to President George W. Bush.
There have been other strange laureates, including those prone to wage war (Henry Kissinger, 1973), tainted through association with terrorism (Yasser Arafat, 1994), and contributions to fields beyond peace, such as planting millions of trees. Some laureates were subsequently discovered to have embellished their record, and others proved to be flawed champions of human rights who had won them the treasured accolade.
Conversely, Mahatma Gandhi did not get the prize, not for his contributions to the theory and practice of non-violence, nor for his role in toppling the British Raj as the curtain raiser to worldwide decolonisation. The sad reality is how little practical difference the prize has made to the causes it espoused. They bring baubles and honour to the laureates, but the prize has lost much of its lustre as far as results go.
Trump Was Not a Serious Contender
The nomination processes start in September and nominations close on 31 January. The five-member Norwegian Nobel committee scrutinises the list of candidates and whittles it down between February and October. The prize is announced on or close to 10 October, the date Alfred Nobel died, and the award ceremony is held in Oslo in early December.
The calendar rules out a newly elected president in his first year, with the risible exception of Obama. The period under review was 2024. Trump’s claims to have ended seven wars and boasts of ‘nobody’s ever done that’ are not taken seriously beyond the narrow circle of fervent devotees, sycophantic courtiers, and supplicant foreign leaders eager to ingratiate themselves with over-the-top flattery.
Trump Could Be in Serious Contention Next Year
Trump’s 20-point Gaza peace plan falls into three conceptual-cum-chronological parts: today, tomorrow, and the day after. At the time of writing, in a hinge moment in the two-year war, Israel has implemented a ceasefire in Gaza, Hamas has agreed to release Israeli hostages on 13-14 October, and Israel will release around 2,000 Palestinian prisoners (today’s agenda). So why are the ‘Ceasefire Now!’ mobs not out on the streets celebrating joyously instead of looking morose and discombobulated? Perhaps they’ve been robbed of the meaning of life?
The second part (tomorrow) requires Hamas demilitarisation, surrender, amnesty, no role in Gaza’s future governance, resumption of aid deliveries, Israeli military pullbacks, a temporary international stabilisation force, and a technocratic transitional administration. The third part, the agenda for the day after, calls for the deradicalisation of Gaza, its reconstruction and development, an international Peace Board to oversee implementation of the plan, governance reforms of the Palestinian Authority, and, over the horizon, Palestinian statehood.
There are too many potential pitfalls to rest easy on the prospects for success. Will Hamas commit military and political suicide? How can the call for democracy in Gaza and the West Bank be reconciled with Hamas as the most popular group among Palestinians? Can Israel’s fractious governing coalition survive?
Both Hamas and Israel have a long record of agreeing to demands under pressure but sabotaging their implementation at points of vulnerability. The broad Arab support could weaken as difficulties arise. The presence of the internationally toxic Tony Blair on the Peace Board could derail the project. Hamas has reportedly called on all factions to reject Blair’s involvement. Hamas official Basem Naim, while thanking Trump for his positive role in the peace deal, explained that ‘Palestinians, Arabs and Muslims and maybe a lot [of] people around the world still remember his [Blair’s] role in causing the killing of thousands or millions of innocent civilians in Afghanistan and Iraq.’
It would be a stupendous achievement for all the complicated moving parts to come together in stable equilibrium. What cannot and should not be denied is the breathtaking diplomatic coup already achieved. Only Trump could have pulled this off.
The very traits that are so offputting in one context helped him to get here: narcissism; bullying and impatience; bull in a china shop style of diplomacy; indifference to what others think; dislike of wars and love of real estate development; bottomless faith in his own vision, negotiating skills, and ability to read others; personal relationships with key players in the region; and credibility as both the ultimate guarantor of Israel’s security and preparedness to use force if obstructed. Israelis trust him; Hamas and Iran fear him.
The combined Israeli-US attacks to degrade Iran’s nuclear capability underlined the credibility of threats of force against recalcitrant opponents. Unilateral Israeli strikes on Hamas leaders in Qatar highlighted to uninvolved Arabs the very real dangers of continued escalation amidst the grim Israeli determination to rid themselves of Hamas once and for all.
Trump Is Likely to Be Overlooked
Russia has sometimes been the object of the Nobel Peace Prize. The mischievous President Vladimir Putin has suggested Trump may be too good for the prize. Trump’s disdain for and hostility to international institutions and assaults on the pillars of the liberal international order would have rubbed Norwegians, among the world’s strongest supporters of rules-based international governance, net zero, and foreign aid, the wrong way.
Brash and public lobbying for the prize, like calling the Norwegian prime minister, is counterproductive. The committee is fiercely independent. Nominees are advised against making the nomination public, let alone orchestrating an advocacy campaign. Yet, one laureate is believed to have mobilised his entire government for quiet lobbying behind the scenes, and another to have bad-mouthed a leading rival to friendly journalists.
Most crucially, given that Scandinavian character traits tip towards the opposite end of the scale, it’s hard to see the committee overlooking Trump’s loud flaws, vanity, braggadocio, and lack of grace and humility. Trump supporters discount his character traits and take his policies and results seriously. Haters cannot get over the flaws to seriously evaluate policies and outcomes. No prizes for guessing which group the Nobel committee is likely to belong to. As is currently fashionable to say when cancelling someone, Trump’s values do not align with those of the committee and the ideals of the prize.
Author
From the Brownstone Institute
Trump made sweeping claims that would have ended political careers in any other era. His health officials tried to narrow the edges, but the President ensured that the headlines would be his.
Autism has long been the untouchable subject in American politics. For decades, federal agencies tiptoed around it, steering research toward genetics while carefully avoiding controversial environmental or pharmaceutical questions.
That ended at the White House this week, when President Donald Trump tore through the taboo with a blunt and sometimes incendiary performance that left even his own health chiefs scrambling to keep pace.
Flanked by Health Secretary Robert F. Kennedy, Jr., NIH Director Jay Bhattacharya, FDA Commissioner Marty Makary, CMS Adminstrator Dr Mehmet Oz, and other senior officials, Trump declared autism a “horrible, horrible crisis” and recounted its rise in startling terms.
“Just a few decades ago, one in 10,000 children had autism…now it’s one in 31, but in some areas, it’s much worse than that, if you can believe it, one in 31 and…for boys, it’s one in 12 in California,” Trump said.
The President insisted the trend was “artificially induced,” adding: “You don’t go from one in 20,000 to one in 10,000 and then you go to 12, you know, there’s something artificial. They’re taking something.”
Trump’s Blunt Tylenol Warning
The headline moment came when Trump zeroed in on acetaminophen, the common painkiller sold as Tylenol — known as paracetamol in Australia.
While Kennedy and Makary described a cautious process of label changes and physician advisories, Trump dispensed with nuance.
“Don’t take Tylenol,” Trump said flatly. “Don’t take it unless it’s absolutely necessary…fight like hell not to take it.”
Kennedy laid out the evidence base, citing “clinical and laboratory studies that suggest a potential association between acetaminophen used during pregnancy and adverse neurodevelopmental outcomes, including later diagnosis for ADHD and autism.”
Makary reinforced the point with references to the Boston Birth Cohort, the Nurses’ Health Study, and a recent Harvard review, before adding: “To quote the dean of the Harvard School of Public Health, there is a causal relationship between prenatal acetaminophen use and neurodevelopmental disorders of ADHD and autism spectrum disorder. We cannot wait any longer.”
But where the officials spoke of “lowest effective dose” and “shortest possible duration,” Trump thundered over the top: “I just want to say it like it is, don’t take Tylenol. Don’t take it if you just can’t. I mean, it says, fight like hell not to take it.”
Vaccines Back on Center Stage
The President then pivoted to vaccines, reviving arguments that the medical establishment has long sought to bury. He blasted the practice of giving infants multiple injections at a single visit.
“They pump so much stuff into those beautiful little babies, it’s a disgrace…you get a vat of 80 different vaccines, I guess, 80 different blends, and they pump it in,” Trump said.
His solution was simple: “Go to the doctor four times instead of once, or five times instead of once…it can only help.”
On the measles, mumps, and rubella shot, Trump insisted: “The MMR, I think should be taken separately…when you mix them, there could be a problem. So there’s no downside in taking them separately.”
The moment was astonishing — echoing arguments that had once seen doctors like Andrew Wakefield excommunicated from medical circles.
It was the kind of line of questioning the establishment had spent decades trying to banish from mainstream debate.
Hep B Vaccine under Attack
Trump dismissed the rationale for giving the hepatitis B vaccine at birth.
“Hepatitis B is sexually transmitted. There’s no reason to give a baby that’s just born hepatitis B [vaccine]. So I would say, wait till the baby is 12 years old,” he said.
He made clear that he was “not a doctor,” stressing that he was simply offering his personal opinion. But the move could also be interpreted as Trump choosing to take the heat himself, to shield Kennedy’s HHS from what was sure to be an onslaught of criticism.
The timing was remarkable.
Only last week, the CDC’s Advisory Committee on Immunisation Practices (ACIP) had been preparing to vote on whether to delay the hepatitis B shot until “one month” of age — a modest proposal that mainstream outlets derided as “anti-vax extremism.”
By contrast, Trump told the nation to push the jab back 12 years. His sweeping denunciations made the supposedly radical ACIP vote look almost tame.
The irony was inescapable — the same media voices who had painted Kennedy’s reshaped ACIP as reckless now faced a President willing to say far more than the panel itself dared.
A New Treatment and Big Research Push
The administration also unveiled what it deemed a breakthrough: FDA recognition of prescription leucovorin, a folate-based therapy, as a treatment for some autistic children.
Makary explained: “It may also be due to an autoimmune reaction to a folate receptor on the brain not allowing that important vitamin to get into the brain cells…one study found that with kids with autism and chronic folate deficiency, two-thirds of kids with autism symptoms had improvement and some marked improvement.”
Dr Oz confirmed Medicaid and CHIP (the Children’s Health Insurance Program, which provides low-cost health coverage to children in families that earn too much to qualify for Medicaid) would cover the treatment.
“Over half of American children are covered by Medicaid and CHIP…upon this label change…state Medicaid programs will cover prescription leucovorin around the country, it’s yours,” said Oz.
Bhattacharya announced $50 million in new NIH grants under the “Autism Data Science Initiative.”
He explained that 13 projects would be funded using “exposomics” — the study of how environmental exposures like diet, chemicals, and infections interact with our biology — alongside advanced causal inference methods.
“For too long, it’s been taboo to ask some questions for fear the scientific work might reveal a politically incorrect answer,” Bhattacharya said. “Because of this restricted focus in scientific investigations, the answers for families have been similarly restricted.”
Mothers’ Voices
The press conference also featured raw testimony from parents.
Amanda, mother of a profoundly autistic five-year-old, told Trump: “Unless you’ve lived with profound autism, you have no idea…it’s a very hopeless feeling. It’s very isolating. Being a parent with a profound autistic child, even just taking them over to your friend’s house is something we just don’t do.”
Jackie, mother of 11-year-old Eddie, said: “I’ve been praying for this day for nine years, and I’m so thankful to God for bringing the administration into our lives…I never thought we would have an administration that was courageous enough to look into things that no prior administration had.”
Their stories underscored what Kennedy said at the announcement about “believing women.” Here were mothers speaking directly about their lived reality, demanding that uncomfortable conversations could no longer be avoided.
Clashes with the Press Corps
Reporters pressed Trump on the backlash from medical groups.
Asked about the American College of Obstetricians and Gynecologists (ACOG) declaring acetaminophen safe in pregnancy, Trump shot back, “That’s the establishment. They’re funded by lots of different groups. And you know what? Maybe they’re right. I don’t think they are, because I don’t think the facts bear it out at all.”
When one journalist raised the argument that rising diagnoses reflected better recognition, Kennedy bristled,
“That’s one of the canards that has been promoted by the industry for many years,” he said. “It’s just common sense, because you’re only seeing this in people who are under 50 years of age. If it were better recognition or diagnosis, you’d see it in the seventy-year-old men. I’ve never seen this happening in people my age.”
Another reporter then asked Trump, “Should the establishment media show at least some openness to trying to figure out what the causes are?”
“I wish they would. Yeah, why are they so close-minded?” Trump replied. “It’s not only the media, in all fairness, it’s some people, when you talk about vaccines, it’s crazy…I don’t care about being attacked.”
Breaking the Spell
For years, autism policy has been shaped by caution, consensus, and deference to orthodox positions. That spell was broken at today’s press conference.
The dynamic was striking. Kennedy, Makary, Bhattacharya, and Oz leaned on scientific papers, review processes, and cautious advisories. Trump, by contrast, brushed it all aside, hammering his message home through repetition and personal anecdotes.
Trump made sweeping claims that would have ended political careers in any other era. His health officials tried to narrow the edges, but the President ensured that the headlines would be his.
“This will be as important as any single thing I’ve done,” Trump declared. “We’re going to save a lot of children from a tough life, really tough life. We’re going to save a lot of parents from a tough life.”
Whatever the science ultimately shows, the politics of autism in America will never be the same.
Republished from the author’s Substack
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