Directing the Whirlwind

Table Of Contents

• Cover
• Title
• Copyright
• About the author
• About the book
• This eBook can be cited
• Contents
• List of Figures
• List of Table
• Preface
• Acknowledgements
• 1 Campaigning on a Platform of Administrative Deconstruction
• Deconstruction During the 2016 Campaign
• Draining the Swamp or Controlling the Beast?
• Meaning of Drain the Swamp
• Can the Beast Be Controlled?
• Presidential Control Model
• Why This Route Instead of More Standard Democratic Processes?
• A Democratic Threat?
• 2 Deregulating the Administrative State
• Rolling Back Administrative Regulation
• Regulatory Delay and Nonenforcement
• The Congressional Review Act
• The Directive Power: Trump’s Deregulatory Executive Orders
• Assessing the Impact of the Trump Administration’s Deregulatory Agenda
• The Stock and Flow of Regulations
• Blocked by the Courts
• Beyond Deregulation
• 3 Managing and Staffing in the Trump Administration
• Principal-Agent Theory
• Appointing Anathemas
• Agency Morale
• The Revolving Door: A New Managerial Style?
• Gaining Ground?
• 4 Anti-Administrativism Through the Courts
• Ending Judicial Deference
• What Are the Chevron and Auer Deference Doctrines?
• Recent Calls to End Judicial Deference
• Congressional Support for the End of Judicial Deference
• Judicial Appointments and Anti-Administrativism
• Would Abandonment of Chevron Deference Destroy the Administrative State?
• Unintended Consequences?
• Administrative Law Judges and Immigration: An Illustrative Example
• The Long-Term Impact on Constitutional Legitimacy of the Court and for the Rule of Law?
• 5 Delegitimizing the Administrative State
• The “Deep State” versus the “Steady State”
• National Intelligence and Foreign Affairs
• “I Know Better than the Generals”
• Law Enforcement
• Silencing the Scientists
• Undermining Bureaucracy in the Context of Theory
• 6 The Plan for Reorganizing and Reforming Government
• Presidential Reorganization Authority
• Trump and Executive Reorganization
• The White House Office of American Innovation (OAI)
• Executive Order 13781 and OMB-Led Reorganization
• Budgetary Power: Downsizing, Defunding, and Reorganizing
• Efficiency versus Loyalty in the Reorganization of Government
• Reorganizing without Expertise
• 7 Constitution and Crisis: Barriers to Presidential Control
• The Enduring Power of the Administrative State
• The Administrative State Strikes Back?
• The COVID-19 Crisis and the Hollowed-Out State
• The Enduring Power of Federalism
• The Trump Administration’s Approach to Federalism
• Federalism and COVID-19 Crisis: Trump versus the Governors
• Federalism and the 2020 Protests
• Constitution and Crisis: Trump’s Last Chance or Just the Beginning?
• 8 The Future of Public Administration Post-Trump
• Perspectives on Trump’s Impact on the Administrative State
• Politics-as-Usual and Mid-Range Interpretations
• Mid-Range to Alarmist Interpretations
• Trump as an Existential Threat
• The Post-Acquittal President: An Even Greater Threat?
• The Administrative State Post-Trump?
• Index