Comment by teraflop
3 days ago
"The administration" is not a monolithic entity. For the last ~150 years, even though it's had political appointees at the top, the vast majority of its employees have been selected (at least ostensibly) on the basis of merit, not political loyalty. They're supposed to be somewhat insulated from the changing political winds. The layers of bureaucracy in between were created deliberately, to preserve some degree of decision-making independence.
When people talk about "the Trump administration tightening its hold", they mean Trump and his political appointees exerting direct control over things that have a strong precedent for being out of their direct control.
Using the word "administration" to conflate the presidency with the layers of organization below it is the main premise of the "unitary executive theory", which is an extremely recent development of the current Supreme Court. Previously, when Congress said "such-and-such a decision is supposed to be made by the staff of agency XYZ, not by the President/Secretary personally", the courts assumed they meant it.
This isn't new. My father told me 50 years ago, "never work for the government, because your job exists at the whims of whoever gets elected."
You're conflating two very different things. You're correct that civil service reforms sought to ensure employees would be hired based on merit. But that does not mean they were granted "decision-making independence." The point was to have highly qualified people executing the agenda of the elected President--not to allow them to exercise discretion independent of political forces.
In Federalist 70 Hamilton emphasizes that a key feature of the Constitution is "unity" of executive power in the President: https://avalon.law.yale.edu/18th_century/fed70.asp. Hamilton explains that the Constitution expressly rejects a model that had been adopted by several state governments, where the exercise of executive power was subject to the independent check of the executive's subordinates:
> The ingredients which constitute energy in the Executive are, first, unity; secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers.
> That unity is conducive to energy will not be disputed. Decision, activity, secrecy, and despatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number; and in proportion as the number is increased, these qualities will be diminished.
> This unity may be destroyed in two ways: either by vesting the power in two or more magistrates of equal dignity and authority; or by vesting it ostensibly in one man, subject, in whole or in part, to the control and co-operation of others, in the capacity of counsellors to him.
So the view being espoused here is not a "recent development." Hamilton was explaining back in 1788 the problems with a model where the President was "ostensibly" the head of the administration, but was "subject, in whole or in part, to the control and cooperation" of his theoretical subordinates.
The constitution was understood this way from Hamilton until Myers v. United States in 1926--which held that the President could fire agency heads without Congressional approval because that was necessary to secure his authority to carry out his will as the executive. The Supreme Court only discarded the traditional view of the executive in the 1930s when FDR created the modern administrative state. And what's now labeled "unitary executive theory" is a legal movement that arose in the 1980s to restore the original view of how the executive worked. The new development wasn't the view of executive power, but instead the idea that we should try to restore how things worked prior to the 1930s.
Yes "~150 years" ago (sounds right to me, not sure on the exact date), there was civil service reform. Prior to that every administration would fire the prior servants and install their own because every political party then and now wanted their own people to be of influence in civil service.
This was replaced with a system where it is very difficult to fire most civil servants but the executive could still select new hires (The Trump administration has tried the firing method via DOGE but with not much luck).
There is a common misconception that this reduces political influence and loyalty. This couldn't be further from the truth. What it did was ensure the civil services grew much further, since the only way the next political party in power could regain dominance was to hire even more civil servants until they overpowered the ones already there.
This meant it is even more important to get loyal ones, since they will be there for a long time and can't be fired. So now we have a large civil service full of loyal people that seemingly often sabotage each other, fighting one loyal group against another loyal group. It might be even worse than before civil service reform.
> Yes "~150 years" ago (sounds right to me, not sure on the exact date), there was civil service reform. Prior to that every administration would fire the prior servants and install their own because every political party then and now wanted their own people to be of influence in civil service.
The purpose of civil service reform was to end patronage, not to insulate the civil service from political supervision. The idea was to have well-credentialed employees, instead of political donors, carrying out the policies of the elected President. It was not to have employees exercising power independently of the policies of the President.
The Pendleton Civil Service Reform Act was enacted in 1883. Four decades later, former President Taft wrote Myers v. United States, which still reflected the conventional view that the President was actually in charge of the executive branch.
> What it did was ensure the civil services grew much further, since the only way the next political party in power could regain dominance was to hire even more civil servants until they overpowered the ones already there.
If this were true, why did the number of the federal government employees stop growing in the 80s?
https://usafacts.org/articles/how-many-people-work-for-the-f...
Because after 100 years of growth there was very little room left to keep hiring people, due to pressure on cap of taxes, that's part of why Trump had to resort trying to go back to firing.
Even if it had kept growing, at some point there's a limitation on number of people in the USA that can even work those jobs.
Seems kind of insane to critique the number can't expand to infinity rather to acknowledge it expanded until we got to the point we're already paying 30+% taxes at the upper income bands, plus a large deficit, and there's just very little room left for the populace to tolerate new programs administered by bureaucrats.
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> So now we have a large civil service full of loyal people that seemingly often sabotage each other, fighting one loyal group against another loyal group.
Can you name even a single time when two groups of civil servants sabotaged each other in this way? If civil servants engage in this kind of sabotage, how has Trump been able to enact things that are both controversial and flagrantly unlawful without being sabotaged?
There was massive sabotage of the first Trump administration. We're talking about administration lawyers not reporting case developments to political employees in order to keep the political appointees in the dark.
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>an you name even a single time when two groups of civil servants sabotaged each other in this way?
DOGE vs USAID
>If civil servants engage in this kind of sabotage, how has Trump been able to enact things that are both controversial and flagrantly unlawful without being sabotaged?
I mean they have, look at all the civil servants who were fired and then sued for their jobs back with the leverage of judges who were prior appointed by Democrat leaning politics. Trump's attempt to eliminate large portions of the civil service has failed pretty spectacularly.
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