President-Elect Trump’s proposed new Department of Government Efficiency is all the rage in Washington and would be a terrible thing to waste. In order to capitalize on this moment and ensure the success of DOGE, the incoming administration should seek legislative authorization for, and acquiescence to, a sweeping reorganization of government.

Elon Musk and Vivek Ramaswamy, the men tasked with leading the effort, signaled in a recent WSJ piece that they “will focus particularly on driving change through executive action based on existing legislation rather than by passing new laws.” This strategy is premised on the view that the president alone is vested with executive power under Article II of the Constitution and, therefore, has inherent power to determine unilaterally how to “take care that the Laws be faithfully executed.”

They point out that DOGE “will be correcting the executive overreach of thousands of regulations promulgated by administrative fiat that were never authorized by Congress” and that the Supreme Court has opined that courts should strike down regulatory overreaches. Based on this logic, they argue that judicial regulatory reviews should have a one-way ratchet, in which courts scrutinize new regulations but defer to the executive branch of government when regulations are eliminated.

While that sounds brilliant to this conservative lawyer, it’s an untested legal theory – and roughly half of federal judges are Democrats who do not necessarily share our perspective. 

In addition, the current enthusiasm for DOGE encompasses far more than merely reducing regulatory overreach. The initiative promises a rethinking of how government works, which in turn implies sweeping reorganization at the federal level. How can the president do that on his own when duly enacted laws passed by Congress laid the groundwork for the current mess? 

While many of these statutes arguably violate separation of powers and infringe on the inherent power of the executive branch, it’s unlikely that the Supreme Court would give any president a blank check to reorganize government in a manner that contravenes the vast panoply of laws that define how the government operates.

On the other hand, Congress could make the separation-of-powers problems moot with legislation authorizing and acquiescing to comprehensive changes. A solid majority of the electorate is gripped by enthusiasm for major structural changes in how government works – and, despite other divisions, congressional Republicans are unified in support of this effort.

Practically speaking, it’s very hard to get 218 members of Congress and 50 senators to agree to anything other than general propositions. This is why statutes are usually broad statements of policy and grants of authority, but then empower the executive branch to figure out the details.

Republicans should seize the opportunity to write a one-time, time-limited blank check for reform and efficiency to the People’s President. 

DOGE will save the government money, so Congress should include in the reconciliation bill pursuant to which the existing Trump tax cuts are extended and new cuts are implemented a simple, time-limited authorization for President Trump’s reorganization and reform of the Executive Branch.

Consider something like this – call it the Deference On Government Efficiency Act of 2025:

I. Until July 4, 2026, the President may, by one or more Executive Orders, do the following:

A. Reorganize, combine, and eliminate executive branch departments, or agencies or offices therein, and independent agencies, and

B. modify or eliminate rules or regulations in connection with any such reorganization, in each case, as the president deems appropriate to streamline government procedures, reduce government headcount, improve government efficiency, and reduce regulatory burdens on the American people (“Efficiency Orders”).

II. Efficiency Orders shall be exempt from the Administrative Procedure Act, Civil Service Act, and other legislation that limit executive discretion, but shall be subject to the Congressional Review Act.

III. Streamline the process by defining DOGE as a confidential, advisory activity, but require DOGE to produce a summary report to the president and Congress on its deliberations, along with a certification that the restructuring reduces costs, improves efficiency, and does not increase the regulatory burden on Americans.

IV. Define which court has jurisdiction to hear any challenge to this Act and the scope of any permitted review.

Keep it simple and short; give Elon and Vivek the ball and entrust President Trump with overseeing and implementing this mission while retaining the opportunity for Congress to address any perceived mistakes through the Congressional Review Act procedure. 

Donald Trump’s return to office despite extraordinary opposition from every established institution in America reflects the depth of popular support for his leadership and gives him a mandate to drain the swamp and refresh government of, by, and for the People. But, as Americans learned in his first term, little people can tie down a giant with enough strings. So, get Congress to cut the strings in order to ensure that President Trump delivers for the People.