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马斯克重磅发布:改革美国政府计划 | 温哥华教育中心
   

[马斯克] 马斯克重磅发布:改革美国政府计划

In West Virginia v. Environmental Protection Agency (2022), the justices held that agencies cannot enforce regulations that involve significant economic or policy issues unless Congress expressly authorizes them. In Loper Bright v. Raimondo (2024), the Court overturned the Chevron principle, holding that federal courts should no longer defer to federal agencies' interpretation of the law or to their own rulemaking. Together, these cases demonstrate that a large number of existing federal regulations go beyond the authority given by Congress by law.


The Office of Government Efficiency will work with legal experts in government agencies to apply these rulings to federal regulations created by those agencies, with the help of advanced technology. The Office of Government Efficiency will present the list of regulations to President Donald Trump, who can immediately suspend their implementation through executive action and initiate a review and repeal process. This would free individuals and businesses from illegal regulations that Congress never passed, and stimulate the American economy.

When the president nullifies thousands of such regulations, critics accuse the executive of overstepping his authority. In fact, this is correcting executive overreach, i.e. the thousands of regulations enacted through executive orders that were never authorized by Congress. The president should obey Congress when legislating, not bureaucrats within federal agencies. Using executive orders to add cumbersome new rules to replace legislation is a violation of the Constitution, but using executive order to repeal statutes that wrongly circumvent Congress is legal and necessary to comply with the Supreme Court's recent authorization. And, after these regulations have been fully repealed, future presidents cannot simply press the switch to restore them, but will have to ask Congress to do so.

The drastic cuts in federal regulations provide a reasonable industry logic for mass layoffs across the federal bureaucracy. The Office of Government Efficiency intends to work with agencies' in-house appointees to determine the minimum number of employees required for an agency to perform constitutionally permitted and statutory functions. The number of federal employees cut should be at least proportional to the number of federal statutes repealed: Not only will fewer employees be needed to enforce fewer statutes, but the agency will create fewer of them once its scope of authority is properly limited. Employees whose jobs have been eliminated deserve to be treated with respect, and the Government Efficiency Office aims to help them transition into the private sector. The president could use existing laws to encourage them to retire early and pay voluntary severance payments to facilitate their dignified departure.

Conventional wisdom holds that statutory civil service protections prevent the president and even his political appointees from firing federal workers. The purpose of these protections is to protect employees from political retaliation. But the regulations allow for "laying off" that does not target specific employees. The statute further authorizes the president to "develop rules governing competitive services." This power is very broad. Previous presidents have used this power to amend civil service rules by executive order, and the Supreme Court ruled in Franklin v. Massachusetts (1992) and Collins v. Yellen (2021) that they were not subject to the Administrative Procedure Act when they did so. With this authority, President Trump could curb the excesses of the executive branch by implementing a variety of "rules governing competitive services," from mass firings to relocating federal agencies out of the Washington area. Requiring federal employees to work in the office five days a week will lead to a wave of voluntary departures, which we welcome: if federal employees don't want to work, American taxpayers shouldn't pay them the privilege of staying home in the age of the coronavirus.Finally, we are committed to cost savings for the taxpayer. Skeptics question how much federal spending the Office of Government Efficiency can control with administrative means alone. They point out that the Appropriations Control Act of 1974 prevents the president from halting spending authorized by Congress. President Trump has previously said the bill is unconstitutional, and we believe the current Supreme Court is likely to uphold his view on this issue. But even without relying on this view, the Office of Government Efficiency will help end federal overspending by targeting more than $500 billion a year in federal spending that Congress did not authorize or used in ways that Congress never intended. From $535. million a year for public broadcasters and $1.5 billion in grants to international organizations, to nearly $300 million for progressive groups such as family planning.

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