“Unelected bureaucrats prevent us from having self government” – Mark Chenoweth

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At the 2025 Conservative Political Action Conference, Jan Jekielek interviewed Mark Chenoweth, President and Chief Legal Officer of the New Civil Liberties Alliance, to discuss the recent amicus brief he recently filed urging the Supreme Court to affirm the President’s absolute power to fire executive branch officials.

Chenoweth: “If you go back to the Constitution, all of the Executive power is given to the President. It’s vested in him by Article Two, and then the appointments power is limited. It says for a lot of these positions, you have to have advice and consent of the Senate in order to make those appointments. But the removal power is not similarly limited. Madison said this shortly after the Constitution was drafted that this was deliberate.”

“For the first time in my lifetime, and maybe the first time in living memory, the administrative state is going to shrink over the next four years, and I think that’s exciting, because I don’t think the founders ever really intended for the executive branch to be as large and as populated as it is. They always understood and George Washington understood this, that the President couldn’t handle all the executive power by himself. That he would have to delegate it to other people, but we’ve come to a point where a lot of this power is being delegated in unaccountable ways, and that’s what President Trump has said: No more, we’re not going to have this.”

CHAPTER TITLES
0:00:04 Introduction
0:00:26 President’s Removal Power
0:02:01 Precedent and Administrative Stays
0:05:35 Multi-Member Agencies and Tenure Protections
0:07:03 Distinguishing Agency Types
0:09:35 Bureaucracy and Presidential Control
0:12:11 Challenging Administrative Overreach
0:14:59 Executive Order on Federal Bureaucracy
0:19:03 National Injunctions and Judicial Overreach
0:24:45 Davidson v. SEC and Fourth Amendment Violations
0:28:34 Final Thoughts on Presidential Actions

How the US got independent agencies: “Woodrow Wilson didn’t trust the American people and he wanted to insulate these independent agencies and supposedly have rule by experts. And he was very open about this. He wanted rule by experts, not rule by elected officials. And so that’s how we got these independent agencies. I think President Trump has more faith in democracy, more faith in the people, and he wants to get away from this so-called rule of experts.”

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