Trump's Project 2025
and the Power of Unelected Government Officials
Background
The United States of America is run by the federal government and, through the Constitution, is divided into three governing branches. Each Branch has the power to check and change the actions of the others:
- Executive Branch — the President, Vice-President, and Cabinet (advisors and executives)
- Legislative Branch — House of Representatives and the Senate, referred to as Congress
- Judicial Branch — Supreme Court and Federal Courts
Congress, the Legislative Branch, is aided in its task by Agencies—they are NOT authorized by the Constitution but created by Congress by passing a statute (an enabling act)—such as the FAA, EPA, FCC, FTC, FDA, DOJ, DOS, FBI, CIA, NASA, IRS … (438 total).
Under the Nondelegation Doctrine, Congress could not transfer its legislative power, meaning that the power to pass laws could only be affected by Congress' established two-house process.
However, this doctrine was last enforced in 1935. Since then, courts have allowed Congress to pass policy-making authority on to their respective Agencies.