From National Review, Jonah Goldberg, Down with the Administrative State:
Deconstructing the administrative state is a kind of nightingale’s song for many intellectual conservatives, particularly my friends in the Claremont Institute’s orbit. It’s been great fun watching mainstream journalists, who are not fluent in these things, talk about the administrative state as if they understand what Bannon means. The “administrative state” is the term of art for the permanent bureaucracy, which has come untethered from constitutional moorings (please read Phillip Hamburger’s Is Administrative Law Unlawful?, or Charles Murray’s By the People, or my forthcoming book — which as of now has some 75 pages on this stuff). Most of the law being created in this country is now created on autopilot, written by unelected mandarins in the bowels of the government. It is the direct result of Congress’s decades-long surrender of its powers to the executive branch. The CIA is not the “deep state” — the FDA, OSHA, FCC, EPA, and countless other agencies are.
If Bannon and Trump can in fact responsibly dismantle the administrative state and return lawmaking to Congress and the courts (where appropriate), then I will be ecstatic, and I will don the MAGA hat. But that is a very big if. The bulk of that work must be done by Congress, not the presidency. And any attempt to simply move the unlawful arbitrary power of the administrative state to the political operation of the West Wing will not be a triumph for liberty, it will simply amount to replacing one form of arbitrary power with another.