Jonah Goldberg: Down with the Administrative State

Source: National Review | February 25, 2017 | Jonah Goldberg

The most interesting moment of CPAC wasn’t Trump’s speech — it was Steve Bannon’s performance.

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When President Trump finally got around to talking about his agenda, I thought it was a very good — i.e., effective — speech. I disagree with all of the demonization of free trade and I thought his disparagement of his predecessors was no less shabby than when Obama said similar things. Also, I could do with less of the “blood of patriots” talk — more on all that in a moment. But if he does all the other stuff he talked about, I would be very happy.

Also, Trump delivered a good performance and it’s not shocking the crowd ate it up. One of the things the mainstream media doesn’t seem to fully appreciate is that just because Trump isn’t having a honeymoon with the press, the Democrats, or a good chunk of independent voters, that doesn’t mean he’s not having a very real honeymoon with Republicans. They want him to succeed and they want his “enemies” not just to lose, but to be humiliated (hence the popularity of Milo in some corners, and a chunk of my least friendly e-mail).

Indeed, I think there’s good reason to believe that the honeymoon is more intense precisely because Trump is under such a sustained assault. Something similar happened under George W. Bush when the Left lost its collective mind and did everything it could to undermine a wartime president. Conservatives — me included — out of a sense of both loyalty and anger rallied to Bush and had a tendency to overlook certain foibles and mistakes for the greater good. We may not be at war — at least not like we were in, say, 2005 — but the Left and the media are clearly at war with Trump. And because Trump often makes it difficult for his allies to defend him on ideologically or politically consistent terms, the attachment is often more emotional than rational. Ann Coulter titling her new book “In Trump We Trust” or, as Kellyanne Conway put it on Thursday, saying that CPAC should really be called “TPAC” (i.e., Trump-PAC) gets right to the heart of the situation. Politics on the right is increasingly about an emotional bond with the president.

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If you recognize that, great. And if you want to defend it as brazen — and arguably brilliant — political hardball, that’s fine too. But if you actually believe that the only source of credible information from this White House and its doings is Trump himself, then you should probably cut back on the Trump Kool-Aid.

Something similar is at work with the delightful show put on by Reince Priebus and Stephen Bannon. It is entirely possible — even likely — that reports of their seething existential animosity for one another are exaggerated. But if you watched that performance yesterday and came away believing that these two guys are ripe candidates for a buddy-cop movie then you should probably avoid watching infomercials or you’ll find your garage full of Tanzanite and ShamWows.

What struck me during the Reince-Bannon show was when they both insisted in various ways that they always knew they would win the election (not true) and that everything they are doing has been carried out with flawless precision. This is an addendum to the “In Trump We Trust” argument. The upshot here is that they want you to think that any bad news is fake news because they’ve been right about everything so far. Conservatives — far more than liberals — should understand that politicians make mistakes and never have complete mastery of the details or the facts on the ground. That is at the heart of the conservative critique of government and it does not go into remission when Republicans are in office. Blind faith in experts and politicians is unconservative no matter who is in power.

Down with the Administrative State

The most interesting thing about CPAC so far wasn’t Trump’s speech but Bannon’s performance. He removed all doubt (even before Trump’s speech, which re-confirmed it) that he is the Mikhail Suslov of this administration (Suslov was the chief ideologist of the Soviet Politburo until he died in 1982).

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Deconstructing the administrative state is a kind of nightingale’s song for many intellectual conservatives, particularly my friends in the Claremont Institute’s orbit. It’s been great fun watching mainstream journalists, who are not fluent in these things, talk about the administrative state as if they understand what Bannon means. The “administrative state” is the term of art for the permanent bureaucracy, which has come untethered from constitutional moorings (please read Phillip Hamburger’s Is Administrative Law Unlawful?, or Charles Murray’s By the People, or my forthcoming book — which as of now has some 75 pages on this stuff). Most of the law being created in this country is now created on autopilot, written by unelected mandarins in the bowels of the government. It is the direct result of Congress’s decades-long surrender of its powers to the executive branch. The CIA is not the “deep state” — the FDA, OSHA, FCC, EPA, and countless other agencies are.

If Bannon and Trump can in fact responsibly dismantle the administrative state and return lawmaking to Congress and the courts (where appropriate), then I will be ecstatic, and I will don the MAGA hat. But that is a very big if. The bulk of that work must be done by Congress, not the presidency. And any attempt to simply move the unlawful arbitrary power of the administrative state to the political operation of the West Wing will not be a triumph for liberty, it will simply amount to replacing one form of arbitrary power with another.

The Wages of Nationalism

And that brings me to Bannon’s other Big Idea: “Economic nationalism.”

Rich Lowry and I have been going back and forth on nationalism vs. patriotism quite a bit. I’m not going to revisit all of that because it’s already gotten way too theoretical. But what I do want to say is that when nationalism gets translated into public policy, particularly economic policy, it is almost invariably an enemy of individual liberty and free markets. This should be most obvious when it comes to trade. The Trumpian case for economic nationalism is inseparable from the claim that politicians can second guess businesses about how best to allocate resources. For instance, Trump boasted today:

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Bannon is desperate to launch a multi-trillion-dollar infrastructure program in the name of economic nationalism. He thinks it will be as “exciting as the 1930s.”

Well, “exciting” is one word for the 1930s, but it’s not the one I would use and it’s not one that conservatives — until five minutes ago — would have used. FDR was a proud economic nationalist. The National Recovery Administration (NRA) was slathered in nationalism. It was run by Hugh Johnson, the man who ran the draft during the First World War and who tried to literally militarize the economy. Under the NRA, a dry cleaner, Jacob Maged, was sent to jail for charging a nickel under the mandated price for pressing a suit. Under the NRA, big businesses created a guild-style corporatist political economy.

Economic nationalism taken to its logical conclusion is socialism, with pit stops at corporatism, crony capitalism, and the like. When you socialize something, you nationalize it and vice versa.

Now I don’t think that Trump and Bannon want to go nearly that far. Many of their proposed tax and economic policies will help the free market. But nationalism has no inherent limiting principle. The alt-right nationalists despise the Constitution precisely because it is a check on nationalism. For the unalloyed nationalist mind, it’s us over them, now and forever — and the definitions of “us” and “them” can get dismayingly elastic. (“This is the core claim of populism,” writes Jan-Wener Muller in What is Populism, “only some of the people are really the people.”)

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  • Consistent #13900

    “The alt-right nationalists despise the Constitution precisely because it is a check on nationalism.”

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