Editor's Note: This column was co-authored by Tanveer Kathavalla.
The Department of Government Efficiency (DOGE) has taken Washington by storm. Spearheaded by Elon Musk and fueled by populist momentum, DOGE has already eliminated more than 280,000 federal positions across 27 agencies and promised a full overhaul of the administrative state. We can debate the methods, but not the moment: America is hungry for a reset.
Yet for all its cuts, DOGE hasn’t addressed the most fundamental reform: shifting lawmaking from unelected bureaucrats back to elected officials. That shift began with the 2024 repeal of Chevron v. NRDC, a long-overdue correction that ended a 40-year experiment in regulatory deference. Now, we have the chance to replace opaque rulemaking with democratic accountability, but only if we act.
Chevron deference allowed executive agencies to interpret ambiguous statutes, giving regulators legislative power without direct accountability. This system empowered entrenched interests, shielded regulators from oversight, and stifled the kind of dynamic policymaking innovation demands.
The Supreme Court’s decision wasn’t a mere legal technicality. It was a necessary reset of the Constitution’s separation of powers. The elimination of Chevron deference was a welcome change, but entrenched interests with deep pockets can still game the system and keep new startups grounded.
Consider this hypothetical scenario. A Virginia-based startup has developed autonomous drones to deliver emergency medical care. Fast, precise, and lifesaving, the drones were designed to serve rural veterans and battlefield medics. The Departments of Veteran Affairs and Defense both saw promise. The Federal Aviation Administration (FAA) issued provisional guidance allowing test deployment in low-risk airspace.
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Then came the lawsuits. After Chevron was overturned, legacy aviation groups, with deep pockets and powerful lobbyists, sued. They argued the FAA lacked explicit authority to approve autonomous flight corridors. A federal judge agreed. The exemptions were struck down.
Congress, overwhelmed and lacking the specialized knowledge that they sorely needed, failed to act. The startup folded. The tech never launched.
Meanwhile, Chinese drone firms backed by state coordination and unburdened by legal gridlock, rolled out similar systems across Southeast Asia. Today, Beijing utilizes drone delivery to win hearts and minds after natural disasters, delivering medicine and aid more quickly than any regional actor. It’s diplomacy by drone.
While fictional, it would be a sobering failure if China outpaces us with technologies we pioneered, not because our innovation fell short, but because our regulatory system allowed incumbents to stall progress and left Congress too slow to act. Preventing this from becoming reality is exactly why we need a functioning post-Chevron framework.
The executive branch seems keyed in on beating China, but it will all be for naught if we do not have three fully functioning branches of government. We suggest two steps forward to strengthen the legislative branch.
First, we need an Office of Strategic Regulation, a nonpartisan agency that evaluates federal rules based on competitiveness, innovation, and national interest. Just as the Congressional Budget Office scores budgets, this office would score regulations. This would help keep Congress better informed as it considers new regulations.
This would not represent a return to Congress deferring to unelected bureaucrats. Instead, this new Office would empower lawmakers to do what they are elected to do—make laws and provide proper oversight so that the three branches of government function as intended by the Constitution.
Second, we must take steps to reduce regulatory capture. No engineer or executive dreams of spending a career navigating the thickets of outdated federal rules. Regulation should be clear, targeted, and aligned with national priorities. That’s how we build a better government, not just a smaller one.
The REINS Act and the Reorganizing Government Act are solid starts, as is Executive Order 14192’s “1 in, 10 out” rule. But these are tools of constraint. Let’s be clear—when it comes to regulation, the U.S. badly needs restraint. What we also need now are tools of coordination.
The repeal of Chevron wasn’t the end of regulation; it was a reset. The question is whether we’ll use it to build smarter.
We need a Congress that can competently legislate. A regulatory state that can execute. And an innovation ecosystem that trusts the rules are fair and forward-looking.
America still knows how to build—our ingenuity and work ethic are as strong as ever. The real question is: Does Congress have the courage to act and implement a framework to keep America great?
Edward Timmons is the Director of the Knee Regulatory Research Center and a Senior Fellow at the Archbridge Institute. Tanveer Kathawalla is the Managing Partner of Pioneer1890.
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