President Donald Trump’s choice to lead the next administration talks about eliminating entire agencies and firing tens of thousands of federal workers at once.
But can his government do it all?
Experts believe that Trump could go further in upgrading the system of government compared to his first term – partly because the typical checks and balances are expected to be more favorable.
Next year, the House and Senate will be under Republican control. Trump also got 226 federal judges and three Supreme Court justices confirmed during his last term — giving the idea a sympathetic edge on the court when he was impeached.
With that in mind, here’s how Trump might try to “undermine” the federal government:
Presidents can’t remove entire agencies, but they can take a page from Nixon to try to quench their thirst.
Elon Musk, who Trump has chosen to lead the “Department of Government Efficiency” outside the new administration, has said he wants to cut $2 trillion from the $7 trillion in annual federal spending. His colleague, Vivek Ramaswamy, told Fox News that he would achieve this with “massive downsizing” and that some government agencies might be “eliminated outright”.
The idea seemed far-fetched at first because federal agencies were established under federal law. The Department of Education, for example, was created by Congress in 1979 and signed by President Jimmy Carter.
Congress must enact new legislation to remove or significantly reform the Department of Education — an uphill battle even with a Republican-led Congress.
Enter the 1974 Impoundment Control Act. For most of the country’s existence, the president can, in theory, ignore spending money appropriated by Congress.
President Richard Nixon used the tactic of sitting on – or impounding – federal money, essentially leaving funds untouched in the US Treasury account when he thought the spending was wasteful.
Democrats responded in 1974 by passing legislation that required the president to spend federal money as Congress wanted.
In a campaign video posted last year, Trump said he would challenge the Impoundment Control Act. It’s possible they could deem the law unconstitutional and try to ignore it — inviting legal challenges that could take years to resolve.
“For 200 years in our system of government, it is indisputable that the president has the constitutional power to stop unnecessary spending through what is called impoundment,” Trump said in a video during the GOP primary.
He then added: “When I return to the White House, I will do everything I can to challenge the Impoundment Control Act in court, and, if necessary, ask Congress to repeal it.”
Trump could make the lives of federal workers so miserable that they stop
Among the ideas Trump hopes to try again this term is making the lives of some federal workers uncomfortable or moving them to remote locations.
In his first administration, Trump temporarily dismantled the Interior Department’s Bureau of Land Management by moving its Washington headquarters to Grand Junction, Colorado. The idea, officials said at the time, was to bring leadership closer to the land and resources it manages. But most of the workers quit and the office never managed to find an employee to replace them.
Other tactics can make it difficult for workers to file complaints or eliminate legal protections.
In the fall of 2020, during the final months of Trump’s first administration, he issued an executive order that would create a new class of employees handling policy-related tasks, essentially eliminating the legal protections that protect their jobs.
The idea of Schedule F was late in Trump’s first administration to have a significant impact, but it is expected to be implemented this time.
These tactics are harmful to taxpayers in the long run. While lawsuits and complaints by federal workers can take years to resolve, the federal government can reimburse workers who can prove they were wrongfully terminated.
“Taking the ax to this thing will have an impact now and for decades,” said Andrew Huddleston, director of communications for the American Federation of Government Employees, the largest union representing federal employees who opposed Trump’s election.
“It will be the next generation that pays the price,” he said.
Trump would outsource his budget planning, effectively hiding how decisions are made and who makes them
To reshape the administration, Trump must install loyal allies at senior levels of government and find ways to mitigate legal challenges.
Among those proposals is outsourcing FBI background checks for appointees to private investigators, a tactic that would allow them to hire people close to them despite security flags.
Trump also called for the use of “recess appointments” in the Senate, a common move by past presidents. But for Trump, it could allow his allies to nominate him without FBI security checks or financial disclosures while the chamber adjourns for 10 days or more. Senator John Thune, the GOP’s pick as majority leader, said he has not ruled out the idea, even though it would mean ceding the Senate’s “advice and consent” power to confirm the constitution to the president.
Another Trump tactic to force change may be developing his biggest plans in secret, making it harder for opponents to argue and mount legal challenges.
Ramaswamy said the new ‘Department of Government Efficiency’, or DOGE, would operate outside the government as a private advisory group. That means their staff will not be required to submit financial disclosures or report conflicts of interest.
It will not be clear who did the work for DOGE or how the decision was made. And while Musk says he wants his staff to work for free, it’s likely that industry lobbyists will be quick to sign up if it means they can influence how taxpayer dollars are spent in the future.
Musk, who owns the rocket company SpaceX, has blamed federal regulations that have slowed efforts to reach Mars and oversees billions in contracts with the federal government, including military satellites. Ramaswamy founded the biotech company Roivant Sciences and remains a stakeholder who could also benefit financially depending on how federal regulations pan out.
At a gala last week hosted by the America First Policy Institute, Trump said Musk and Ramaswamy make the perfect pair to shake up the government.
“We’re going to reduce regulation, waste, fraud, and inefficiency, and these two guys are going to find a lot,” Trump said.