A Civics Lesson for the Autogarchs

I gave a lot of thought about how to write about what Elon Musk is doing with the Department of Government Efficiency (DOGE). I concluded that a refresher on how a bill becomes a law was in order for the autogarchs, their MAGA supporters, and anyone else who is not clear on the process.

To review: a bill is proposed, passed by Congress, and the president signs or vetoes it. A signed bill becomes a law that is implemented by the administrative branch through whatever agency or office is responsible for doing so. Congress has oversight responsibility to make sure laws are carried out as written.

This is an oversimplified explanation of how legislation is passed and implemented. However, it is an accurate description of the process followed by federal, state, county, and municipal governments across the country. It’s a system that predates the creation of the United States when we were colonies of the British crown. Instead of the president, the king of England had to approve colonial laws. It led to some friction.

Trump is not faithfully executing the laws of the United States as he pledged to do. Instead, he commissioned Musk to cancel contracts, end programs, and close down entire agencies that have been created and funded by Congress. This is not how things are done. The Framers of the Constitution, to whom many Republicans ascribe near God-like wisdom, did not want presidents to do whatever the fuck they wanted.

When a new president enters office, he proposes a budget with his priorities that makes proposals for funding or defunding programs. Congress then debates the plan, negotiates with the White House, and passes a budget in the form of a law. My guess is that when Trump proposes the fiscal year 2026 budget in about a month, he will present the cuts that DOGE has made as a fait accompli. The Republican Congress will go along with it.

The very existence of DOGE is a sign of how dysfunction and partisan the federal government has become over the past three decades. Donald Trump has delegated to DOGE the task of doing things that neither he nor Congress have the balls to do.

Trump and much of the Republican Congressional leadership seem content to let DOGE tear through federal agencies and for Musk take the heat. They have largely dismissed critics who say that multiple federal laws are being violated. Yes, some of them admit, DOGE violates the Constitution just a wee bit. But, look at the results.

There is little legal risk. The Supreme Court gave the president blanket immunity for all official acts. Trump can’t be prosecuted for anything related to DOGE. The Republican Congress won’t impeach him. The Trump Justice Department will do nothing to restrain Musk and DOGE. Trump can pardon Musk before leaving office.

All this is extremely dangerous. The Constitution created three co-equal branches of the government with a separation of powers as a check against any one of them gaining too much power. Previous Congresses have jealously guarded their authority; they have been largely unwilling to give up their powers to the president. The Republican-led Congress seems afraid of defying Trump.

Musk should never have been appointed to lead DOGE. His companies have billions worth of contracts with the federal government. Conflicts of interest abound. Both he and his companies were under multiple federal investigations during the previous administration. He can cut budgets and fire officials at those agencies. He has put his allies in key positions in various agencies. Musk has the power to recuse himself if he decides there is a conflict of interest. There is no one reviewing those decisions.

Democrats and a few Republican members of Congress have protested DOGE. Lawsuits have been filed. Lower court judges have issued rulings to freeze and even reverse actions that have been taken. It will take time for the cases to make their way through the court system. In the meantime, Musk and his minions are ripping through one government agency after another.

Musk and Trump have sharply criticized the judges’ rulings, questioning whether the judiciary could prevent the president from taking an action. Musk called for the impeachment of the judges. Vice President JD Vance suggested the Trump Administration could just defy rulings it didn’t like.

This is nonsense. The principle of judicial review of administrative actions was established in a court case settled in 1803. The administration is bound by rulings. (Sadly, I don’t think Schoolhouse Rock! ever created an episode about the court system. If anyone knows otherwise, please put a link in the comments.)

The wildcard is the Supreme Court where these ongoing cases will likely end up. The conservative court ruled last year that the president has total immunity for all official acts. Critics say the ruling was not grounded in the Constitution nor laid out in the Federalist Papers where the functions and purpose of the new government were explained to the public. But, it is still the law of the land.

A ruling that codified DOGE and its actions would be disastrous for the country. It would create an autocratic presidency where the occupant could largely do whatever he wanted. Congress and the judiciary would have little power to stop the president. It would destroy the American republic that has endured for more than two centuries. And the autocrats would win.