Former U.S. Secretary of the Interior David L. Bernhardt reveals an interesting secret about his time as acting secretary in his new book, You Report to Me: Accountability for the Failing Administrative State. In 2018, President Donald Trump appointed Bernhardt as acting secretary and informed him that he would be “running the ship for a while.” Bernhardt’s only question was who he would report to, to which President Trump replied that he would report directly to him and to no one else. This direct access to the president allowed Bernhardt to avoid the bureaucratic obstacles that plagued his prior experience in the Department of the Interior under President George W. Bush. Bernhardt explains that this access to the president is critical because the Constitution of the United States confers all executive power on the president.
Bernhardt’s book also delves into the issue of the failing administrative state, where most policy-making is left to the bureaucracy, leaving them largely unaccountable. Bernhardt argues that the government today does not work as the Constitution intended, with Congress delegating most laws to the bureaucracy, and careerist regulators becoming the real legislators. He also notes that enforcement errors and bias are destructive to good government, and supports a system where every enforcement action against a private party would require the express authorization of a principal officer of the United States who was subject to Senate confirmation.
Bernhardt presents a balanced view of the big-government bureaucracy, noting that most civil servants he has had contact with are competent, but he is frustrated with the cumbersome procedures required for the removal of poor performers. He argues that political appointees must accept the responsibility of leadership, and advises them to become familiar with the rules, seek counsel when they are unclear, and adhere to them. Bernhardt’s book is an important contribution to the issue of political control of the bureaucracy, with top political executives reporting to and representing the beliefs of the elected president, as the Constitution expects and elections decide.
