There he goes again…

Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch

We know Steve Bannon wants “deconstruction the administrative state.”  The theory:

“The way the progressive left runs is that if they can’t get it passed, they’re just going to put it in some sort of regulation in an agency,” he said. “That’s all going to be deconstructed.”

Where does he think the regulations come from, what regulations are based on?  Legislation, no?

Most every day, I send a note to the White House.  Today:

Missive of the Day

I’m reading the Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch.  It is an invitation to gut or eliminate agencies, part of the “Deconstruction of the Administrative State” agenda. I understand the meaning of “deconstruction of the administrative state,” but I do not understand why a “President” would support it.  Do you not understand that the “Administrative State” is the arm of the Executive Branch, that the agencies are the President’s power in the three-legged checks and balances of our government?  Do you not understand that this castrates the Executive Office?  Makes no sense, it’s against interest, to put it mildly.  Further the work of the agencies, if not done, if agencies are eliminated, will inflict great harms on America and the American people.  And how much money will be wasted in this nonsensical effort, how much agency time, public comment time?

And a technicality, but an important nonsensical statement — this part of the Executive Order is in direct conflict with the purpose of this Executive Order, DOH!

Sec. 3.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or…

The whole purpose of this Executive Order, and the “deconstruction of the administrative state” is to undermine authority granted by law to executive departments and agencies.  Why would a President seek to undermine his power by gutting the Executive Branch?  This castration is self-destructive — much as I want to see the Trump Administration neutered, this “deconstruction of the administrative state” goal, as a goal for a “President,” makes no sense to me.

Here’s the full Executive Order, just in case it disappears, or is different when it comes out in the Federal Register:

EXECUTIVE ORDER

– – – – – – –

COMPREHENSIVE PLAN FOR REORGANIZING THE EXECUTIVE BRANCH

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Purpose.  This order is intended to improve the efficiency, effectiveness, and accountability of the executive branch by directing the Director of the Office of Management and Budget (Director) to propose a plan to reorganize governmental functions and eliminate unnecessary agencies (as defined in section 551(1) of title 5, United States Code), components of agencies, and agency programs.

Sec. 2.  Proposed Plan to Improve the Efficiency, Effectiveness, and Accountability of Federal Agencies, Including, as Appropriate, to Eliminate or Reorganize Unnecessary or Redundant Federal Agencies.  (a)  Within 180 days of the date of this order, the head of each agency shall submit to the Director a proposed plan to reorganize the agency, if appropriate, in order to improve the efficiency, effectiveness, and accountability of that agency.

(b)  The Director shall publish a notice in the Federal Register inviting the public to suggest improvements in the organization and functioning of the executive branch and shall consider the suggestions when formulating the proposed plan described in subsection (c) of this section.

(c)  Within 180 days after the closing date for the submission of suggestions pursuant to subsection (b) of this section, the Director shall submit to the President a proposed plan to reorganize the executive branch in order to improve the efficiency, effectiveness, and accountability of agencies.  The proposed plan shall include, as appropriate, recommendations to eliminate unnecessary agencies, components of agencies, and agency programs, and to merge functions.  The proposed plan shall include recommendations for any legislation or administrative measures necessary to achieve the proposed reorganization.

(d)  In developing the proposed plan described in subsection (c) of this section, the Director shall consider, in addition to any other relevant factors:

(i)    whether some or all of the functions of an agency, a component, or a program are appropriate for the Federal Government or would be better left to State or local governments or to the private sector through free enterprise;

(ii)   whether some or all of the functions of an agency, a component, or a program are redundant, including with those of another agency, component, or program;

(iii)  whether certain administrative capabilities necessary for operating an agency, a component, or a program are redundant with those of another agency, component, or program;

(iv)   whether the costs of continuing to operate an agency, a component, or a program are justified by the public benefits it provides; and

(v)    the costs of shutting down or merging agencies, components, or programs, including the costs of addressing the equities of affected agency staff.

(e) In developing the proposed plan described in subsection (c) of this section, the Director shall consult with the head of each agency and, consistent with applicable law, with persons or entities outside the Federal Government with relevant expertise in organizational structure and management.

Sec. 3.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
March 13, 2017.

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