The administrative state is getting ready for the possibility of former President Donald Trump winning reelection by implementing a surge of bureaucratic regulations before a deadline that would make them difficult to undo by a potential Trump administration. Trump had promised to eliminate the administrative state or “deep state” during his return to office. Biden reinstated some of the regulations that Trump had removed.
The term “administrative state” refers to unaccountable and unelected administrative agencies, including the national security apparatus, exerting their power to create and enforce rules. This can undermine the separation of powers between the three branches of government by creating a de facto fourth branch of government.
Biden’s administration has been working diligently to solidify his agenda through the implementation of numerous regulations. Many of these rules are aimed at advancing progressive policies on issues like climate change.
The regulations put in place during a specific “lookback period” can be reversed by a potential Trump administration using the Congressional Review Act. Rules implemented before this deadline cannot be undone. Biden has limited time to cement his agenda within the administrative state before this window closes.
Conservative experts believe that the administrative state holds significant power because elected lawmakers are not sufficiently carrying out their legislative duties. Efforts are being made to change this dynamic and provide support for future administrations to achieve their goals.
Before leaving office, Trump signed an executive order to reclassify federal government employees into Schedule F, which would have enhanced accountability within bureaucratic agencies. Biden revoked this order, but if Trump returns to power, he may reinstate it to overhaul the civil service.
Mention of Schedule F is expected to influence the direction of the bureaucracy and potentially lead to significant changes in the federal government.
