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Culture War Roundup for the week of February 24, 2025

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Answer in two parts.

First, there are some powers which Congress is probably not able to delegate to subordinate positions. I think if Congress tried to establish an agency to determine the budget for the federal government for the upcoming year without a vote in Congress that would be struck down. Similarly certain powers (like the power to pardon) are specific to the office of the President and he probably can't delegate those. If he wants to empower an agency to advise him on the use of the power that's probably fine but there are likely certain powers he can't just give to other entities.

Second current law suggests that many actions taken by DOGE would be unlawful even if those actions ultimately issued from the President himself. Decisions about firing certain employees or impounding funds are governed by Congressional statutes, not just the president's whims. So even if the President could delegate certain powers it's not clear he has the powers to do the things he would be delegating.

ETA:

I guess there's a third thing which is that Supreme Court interpretation of the appointments clause also limits the power the President can delegate without the safeguard of Senate confirmation, which is probably the one most relevant here.