So much to say. I hope I can express it coherently.
I want to follow up on my last blog post which explored the role of the civil service. In that essay I mentioned that we all had a general understanding of the separation of powers. Now I’m thinking maybe we don’t. Given what has transpired in the last week, I think it is important we take a deeper look at the roles of the different branches of government. I have seen it at work up close and personal throughout my career. I believe it is an essential concept, a foundational construct, of our Constitutional democracy and it is being dismantled day by day.
Elon Musk, empowered by President Trump, is upending a structure that has existed for centuries, and he is doing it without a transparent plan for what replaces it. This is a critical issue. It isn’t simply reducing the size of the federal workforce that is underway here; it is the gutting of its ability to function. Some may think that there is so much fat in government that if you cut the staff you would still have an operating agency. That might have been true if cuts were planned, surgical reductions. Across the board cuts or offering all employees a buyout without regard to who is critical, eviscerates programs. In some instances, whole programs have been shuttered. Many of the cuts target either Trump’s perceived enemies or his and his billionaire friends’ interests – not the interests of the majority of Americans.
There are two problems with how things are proceeding. First is one of process – the way thing sare being done – they demonstrate a total disregard for laws and regulations in implementing these changes. The second is one of policy – what will be the consequences of these changes for the American people? Is this what we signed up for? These processes and policies have hurt people already and we have not even begun to feel the full impact.
Our Constitution does not empower an autocrat or an oligarchy. There is an executive, but that executive does not function as a legislature or judiciary. There can be some argument about where the line between making the laws and executing the laws is drawn – and the courts mediate that – but there IS A LINE. Let’s take a look at the line.
I worked years ago for the Legislative Commission on Expenditure Review in New York State. This entity was a bipartisan committee that had staff charged with reviewing programs to see if they were complying with legislative intent. In other words, we would look at the language of the legislation that authorized a given program, for example purchasing by the Office of General Services, to see if the program was operating in accordance with the law. To understand the purpose of the program, we looked beyond the plain language of the statute. We looked at the history of the bill (the bill jacket) and then we reviewed the operations in practice. The purpose of our review was not a traditional financial audit, that was the responsibility of the Office of the State Comptroller (OSC). We audited the performance of the program. Was it effective? Was it efficient? Was it accomplishing its mission? Was it being done in compliance with the law? We made recommendations when there were areas that were falling short.
So, that is how it is supposed to work: The Legislature, with input from the Governor’s office and the public, enacts a bill; the Governor signs the bill and it becomes law. Funding, negotiated by the Governor and Legislature in the budget process, is allocated. An Executive branch agency, as directed by the Governor, creates that program. The Executive branch implements and administers it, enacting regulations through administrative procedures (which the public can comment on) to flesh things out. The Legislature periodically oversees the program by having staff review it. A separate entity, OSC, reviews the financial operation. In sum, power and accountability is shared.
This balance of powers, this separation of responsibilities, plays out at the federal level, too. The names of the entities are different, but the functions are performed by separate entities. Power is not concentrated in any one branch. Is there potential for leakage? Are there instances where the system doesn’t work? Absolutely. Especially when Congress fails to act by not fulfilling its responsibilities.
Legislation can be vague. The Executive is left to interpret things and in that process a program can go sideways or it may overreach. Oversight can be inadequate. Oversight activities, within an agency and by the legislature can be underfunded and understaffed given the breadth and scope of the work of government. Agencies themselves have a role in preventing corruption by having internal controls and systems set up to prevent and/or detect malfeasance or other inappropriate actions. Inspector generals (IGs) and internal auditors within departments help to oversee this, in addition to the separate entities I described above. Removing those internal checks and balances threatens the integrity of the agency. We have seen the removal of IGs already. At the federal level the Government Accountability Office (GAO) performs a similar role as the state’s OSC. Congressional committees are responsible for oversight. All of this might be clumsy and time consuming, but it serves a purpose. Private sector entities can afford to be more streamlined, though they have some of the same concerns and limitations.
As is always the case there is a balance. Oversight is costly and you don’t want to create a whole other bureaucracy parallel to the one that is performing the service. But, some checks are necessary and pay for themselves by preventing or recovering losses. Finding the balance is difficult, but ridding the system of the whole process is certainly not the answer!
What happens when all of that is stripped away – both the separation of powers and the oversight – as is happening with the Trump administration? What will replace it? The judgement of one man, or a committee of men? Why should we trust them? What are their interests? What happens when Congress forfeits its authority and responsibility to oversee activities, as the Republicans appear to be doing? The system, carefully calibrated to prevent concentration of power and corruption, is rendered impotent. Is that what the American people want?
As I argued in my last blog post, we need to improve the system. We need to address the paralysis that plagues our Congress so that it can function as intended. But, we should not throw the baby out with the bathwater. The checks and balances, the division of responsibilities must be preserved. We can’t allow Trump and Musk to ransack our democracy. Please write and/or call your representatives!






