We no longer live in a republican regime, properly speaking. We are instead governed by a class of administrators whose claim to rule is based on expertise rather than the consent of the governed. As Ronald J. Pestritto argues, President Trump’s administration has embarked “on the most extensive project since at least the 1930s to reclaim executive power from unelected bureaucrats and judges.” It’s hard to disagree with Pestritto’s observation that, in a more constitutionally sound world, we would not have to rely on the executive branch alone to do this heavy lifting. But as the saying goes, here we are. Whatever one might think of the current occupant of the White House, he is elected by the people—which is more than can be said of federal bureaucrats and judges. Ironically, those who complain most loudly about assaults on “our democracy” are least committed to restoring it.




