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Protecting Democracy: The Hidden Threat of Unlawful Delegation of Executive Power - Hard Truths

Writer's picture: Karen Brittingham-EdmondKaren Brittingham-Edmond

February 14, 2025

Politics



According to a Forbes article by Derek Saul on Feb 13, 2025 titled "14 States Sue DOGE Alleging Elon Musk Is Acting As An ‘Agent Of Chaos’—Here’s What To Know." Shares

"Fourteen states, with New Mexico leading the charge, filed a lawsuit against the Department of Government Efficiency, or DOGE, on Thursday. They're challenging what they call the “unlawful delegation of executive power to Elon Musk,” which they believe has disrupted federal agencies and “caused widespread chaos”—as Elon Musk’s increasingly influential role comes under fire."


As an result of the last six to seven weeks since Trump has been president, there’s been serious concern in government departments that his management style is unacceptable plus messes with Americans Democratic processes of "equal rights & safety": Donald Trump's handing over executive power to known extremist foriegnors such as Musk and friends who shouldn’t have it - is causing American citizens to say no to bad government. This issue, raising significant legal and ethical questions, demands our attention as it could severely impede citizens' rights concerning accountability, governance, and our rights. Unlawful delegation happens when government officials or agencies pass their decision-making power to unauthorized people or groups. This not only breaks legal rules but can also lead to big problems that ruin public trust and the rule of law.




Below are a list of serious concerns plus causes and effects in which the above lawsuits will touch upon in advocacy for the public.


Erosion of Accountability

One of the scariest things about unlawful delegation is the loss of accountability. When people who aren’t elected get power without proper checks, it’s tough for Americans to hold them accountable. Important decisions affecting our lives can be made in secret, without the transparency needed for a healthy democracy.


Opportunities for Abuse of Power

The chance of power being abused skyrockets with unlawful delegation. People or groups might misuse their given power, leading to decisions that favor private interests over the public good. This not only messes with governance but also increases the risk of corruption, damaging trust between American citizens and the government.


Legal Ramifications

Every time power is unlawfully delegated, there could be legal consequences. Decisions made without a solid legal base can be challenged in court, leading to long disputes that disrupt government work. These legal fights waste valuable resources and taxpayer money, taking attention away from essential public services for citizens.


Loss of Public Trust

Trust in government is key for a thriving democracy. In this case, Trump is known as an unlawful insurrectionist, white supremacist, Confederate supporter who allowed alliances into office with him, such as Elon Musk, who enjoys putting up Nazi hand signals and is a supporter of South African apartheid. When Americans see officials overstepping their bounds and unlawfully passing on powers to fellow racists, it creates a big disconnect. This loss of trust can lead to frustration with the political process, making effective governance harder.


Ineffective Governance

Also, decisions made without proper authority and transperency often lead to bad governance. Policies lacking solid legal support can be poorly planned and executed, negatively affecting public services.


The main goal of government—to serve and protect citizens—gets compromised under various circumstances that can undermine its foundational responsibilities. These circumstances may include political corruption, where elected officials prioritize personal gain over the welfare of the populace, leading to a significant erosion of trust in public institutions. When leaders engage in unethical practices, such as embezzlement or nepotism, (https://www.collinsdictionary.com/us/dictionary/english/nepotism) the resources that are meant to enhance public services and ensure safety are diverted, ultimately harming the very citizens they are meant to serve.


Moreover, systemic issues such as bureaucratic inefficiency can also compromise the government's ability to fulfill its duties. When government agencies become mired in red tape, the processing of essential services—such as healthcare, education, and public safety—can be delayed or rendered ineffective. This inefficiency can lead to a lack of timely response in emergencies, leaving citizens vulnerable and unprotected in critical situations.


Another factor that can jeopardize the government's commitment to serve and protect is the influence of special interest groups and lobbyists. When these entities exert disproportionate control over policy-making, the needs and voices of ordinary citizens may be overshadowed by the interests of a select few. This shift in focus can result in legislation that favors corporate profits over public welfare, leading to detrimental outcomes for the community at large.


Additionally, social and economic inequalities can further complicate the government's role. When disparities in wealth and access to resources exist, certain groups may find themselves underserved or neglected by the government. This lack of equitable treatment can breed discontent and a sense of disenfranchisement among citizens, ultimately undermining the government's legitimacy and effectiveness.


In times of crisis, such as natural disasters or public health emergencies, plus constituitional offenses the government's ability to protect its citizens can also be tested. If the response is inadequate or poorly coordinated, the consequences can be dire, leading to loss of life and property, which further highlights the importance of effective governance in safeguarding the well-being of the population.


Violation of Rights

Perhaps most worrying, the fallout from unlawful delegation can include violating individual rights. Overreach can lead to discrimination, unequal treatment, and infringing on civil liberties—issues that strike at the heart of democratic values and human rights.



As citizens, we need to keep an eye on how executive power is delegated in our government. Because citizens Black, White, or other represent "We the People," in the American government. So we are not just taxpayers. "We the People" is the opening phrase of the preamble to the United States Constitution. It signifies that the authority of the government comes from the citizens of the nation. This phrase emphasizes the idea of popular sovereignty, meaning that the power to govern is derived from the consent of the governed. It reflects the foundational principle that the government is established to serve the people, and it encapsulates the democratic ideals upon which the United States was founded. Essentially, it expresses that the Constitution is created by and for the people of the United States, ensuring our rights and liberties. By understanding the impact of unlawful delegation, we can push for transparency and accountability at all levels. It’s crucial that we work together to protect our democratic values and ensure those in power are held to the highest standards. Only then can we build a government that truly serves us and upholds justice and equality.



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