Misrule of Law

During the campaign, Donald Trump vowed to “drain the swamp” in Washington, D.C. He was referring primarily to halting the “revolving door” now used by high-level federal apparatchiks to secure lucrative lobbying positions on K Street after leaving government service. This is a laudable and overdue reform. But draining the swamp in Washington will take more than that. Even the president-elect’s support of congressional term limits (which would require an improbable amendment to the Constitution) falls short of promising meaningful curtailment of the federal Leviathan.

To tame the modern administrative state—the metastasized product of too many unaccountable administrative agencies exercising powers far exceeding those granted to the federal government by the Founders—will require a radical transformation of constitutional law as we currently understand it. President Trump can achieve this only by appointing the right justices to the U.S. Supreme Court.

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