EDITOR:

Open letter to Congressman Bergman

You disagree with James Madison, the “Father of the Constitution,” Chief Justice Roberts, and former Chief Justice Taft. They have all maintained that only Congress can establish federal agencies and assign duties to agency officers. In their opinion, the president cannot “create” an agency, such as DOGE, through an executive order.

In early February, you responded to my inquiry to your Congressional website. You wrote, “President Donald J. Trump signed an Executive Order, E.O. 14158, establishing the U.S. DOGE Service Temporary Organization.” According to Reuters Mr. Trump said, “I signed an order creating the Department of Government Efficiency and put a man named Elon Musk in charge.”

Your oath of office created a covenant with citizens. You pledged to “support and defend the Constitution…(and) bear true faith and allegiance to the same.”

It is not the president’s prerogative to establish a federal agency. Article II of the United States Constitution grants Congress the authority to create and empower such agencies. Justice Roberts cited James Madison, “Father of the Constitution” with approval, writing, “Congress has plenary control over the salary, duties, and even the existence of executive offices.” (Citation omitted.)

In 1926, Chief Justice Taft, also citing James Madison, wrote, “The powers related to offices are partly legislative and partly executive. The Legislature creates the office, defines its powers, limits its duration, and annexes a compensation. We should always consider the Constitution with an eye to the principles upon which it was founded.” (Citation omitted.)

Do you have any evidence suggesting that James Madison, the “Father of the Constitution,” Chief Justices Roberts and Taft, are mistaken in their interpretation of the Constitution? If they are correct Congress has several options to stop this unconstitutional behavior. The 2023 Congressional Research Service publication “Congress’s Authority to Influence and Control Executive Branch Agencies” spells out those choices. For anyone interested it is one Google search away.

Richard Clark

Escanaba