“Congress has, by law, long ago abdicated the bulk of its Article I powers in creating, empowering, and funding the administrative state,” wrote Dr. Pestritto.
President Trump’s victory in 2024 brought with it the hopes of fighting back against the endless spiral towards unaccountable bureaucratic rule. So far, Dr. Pestritto concludes, the Trump administration has launched the most systematic effort since the New Deal to recapture executive power from the unelected class.
Significant obstacles do remain, Dr. Pestritto cautions. Federal courts continue to obstruct presidential initiatives through preliminary injunctions granted by district judges sympathetic to the administrative state. Ultimately, he emphasizes, genuine restoration depends on Congress reasserting its Article I powers.
The Claremont Institute's Center for the American Way of Life released this analysis as part of its special edition Provocations series commemorating America's 250th anniversary, designed to guide current and future administrations in the project of restoring the principles of constitutional self-government that animated the American Founding.