Ronald Pestritto’s article on the Trump Administration’s efforts to tame the administrative state helpfully offers what he calls a “brief snapshot,” focusing primarily on the administration’s project to reshape administrative law to buttress presidential control over the bureaucracy through regulatory review and firing authority. His longer Provocation offers an exceptional and more thorough introduction to these and other issues, and I highly recommend it to anyone who wants to understand why the administrative state presents such a fundamental challenge to American constitutionalism.
The core principle that animates Pestritto’s article and Provocation is the consent of the governed—a principle enshrined in the Declaration of Independence as a prerequisite of any just government. According to the Founders, our natural equality means that we cannot be governed by another without our consent. To accept government without consent would be tantamount to admitting that there are rulers who are so naturally superior that they may rule us against our will. Thomas Jefferson famously wrote just before the celebration of the Declaration’s 50th anniversary that “the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God.”


