The American Deep State

Abstract

Given the mood of the nation, there is good reason to reject the very premise of an American deep state. This is especially true so long as the concept serves primarily as fodder for conspiracy-mongering and fuel for the domestic culture wars. Yet such a wholesale rejection of the "deep state" label comes at the expense of accuracy, nuance, and opportunity. In truth, we do have—and have long enjoyed—bureaucratic depth. And Donald Trump, more than any other president, has brought into relief its legal and political raisons d'être.

This Essay insists that the American deep state has very little in common with those regimes—think Egypt, Turkey, and Pakistan—usually understood to harbor deep states; that, far from being shadowy or elitist, the American bureaucracy is very much a demotic institution, demographically diverse, highly accountable, and lacking financial or caste incentives to subvert popular will; that demotic depth of the American variety should be celebrated, not feared; and that, going forward, we need greater not lesser depth insofar as the American bureaucracy serves an important, salutary, and quite possibly necessary role safeguarding our constitutional commitments and enriching our public policies.

Keywords: administrative law, constitutional law, bureaucracy, civil service, deep state, culture wars, comparative constitutional law