Released: February 12, 2025

Why DOGE is unconstitutional

Source: Alan Charles Raul, Washington Post opinion (Paid Registration)

President Donald Trump, his appointees, acting officials and quasi-official outsiders are in the midst of a radical restructuring or termination of government employees, agencies and programs.

Congress has not authorized this radical overhaul, and the protocols of the Constitution do not permit statutorily mandated agencies and programs to be transformed — or reorganized out of existence — without congressional authorization.

The fact that Trump was duly elected president does not displace the role of Congress to pass laws and set policy, and the fact that some or even much of the Trump-Musk transformation might be desirable does not make it constitutional. Campaign promises requiring legislation do not become law unless and until Congress says so.

(Alan Charles Raul served as associate White House counsel under President Ronald Reagan and as general counsel of the Office of Management and Budget under Reagan and President George H.W. Bush. )

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