Podcast Summary: The Radio Free Hillsdale Hour

Episode: The Problems With Government by the Unelected

Host: Scott Bertram (Hillsdale College)
Guests: Dr. R.J. Pastrito, Daniel Darling
Date: February 20, 2026

Episode Overview

This episode explores two main themes:

1. The rise and consequences of the modern "administrative state"—government by unelected officials—with constitutional, historical, and legal context provided by Dr. R.J. Pastrito.
2. A discussion on Christian patriotism with Daniel Darling, examining how and why Christians should love their country, the proper ordering of allegiances, and the value of local civic engagement.

Part 1: Government by the Unelected (Dr. R.J. Pastrito, 00:24–22:42)

Defining "Government by the Unelected"

• Administrative State Explained:
  Dr. Pastrito describes the administrative state as bureaucratic agencies staffed not by elected officials but "careerists," empowered to make significant decisions with little voter oversight.

  • Quote:

    “The provocation is basically a kind of 60,000 foot view picture of how we got to the situation where we've got all these bureaucrats making lots of very important decisions for us, even though we don't vote for them.” (03:12, Pastrito)

• Historical Roots:
  Traces the administrative state's origin to American Progressives, particularly Woodrow Wilson, who sought to insulate administration from "self-interested" politics and claim objectivity and scientific expertise.

  • Quote:

    “Wilson said ... the great problem with national administration now is that it's accountable to politics—it's not objective, it's not scientific ... we need to insulate administrators from these self-interested political concerns.” (04:19, Pastrito)

Legal and Constitutional Developments

• Key Supreme Court Moment—Humphrey’s Executor:
  Dr. Pastrito details how the 1935 court case allowed Congress to create executive agencies insulated from presidential control by giving them "quasi-legislative" and "quasi-judicial" powers.
  • Quote:

    “The court gave permission to Congress to create officials in the executive branch ... but to protect them from at-will presidential removal.” (05:50, Pastrito)
    “In other words, they justified one constitutional absurdity with an even worse one ... it's okay constitutionally for Congress to give legislative power and to give judicial power to an entity in the executive branch.” (07:24, Pastrito)

Recent Supreme Court Shifts and Remaining Challenges

• Curtailment of Agency Power:
  Recent Supreme Court (e.g., ending Chevron deference) is restraining bureaucratic discretion but risks shifting unelected power from agencies to unelected judges.

  • Quote:

    “If the consequence ... is merely to take the power ... from one group of unelected officials in the bureaucracy to a different group in the courts, this doesn’t really move the needle ... It can't escape notice that the courts are basically running the country right now.” (10:23, Pastrito)

• Elections vs. Expertise:
  Courts often require regulatory changes to be justified by "expertise" rather than by the results of democratic elections.

  • Quote:

    “The big dispute is whether we are going to have government on the basis of the principle of consent or ... claims to expertise. ... The courts have said, no, the fact that you won an election and want to change administrative policy accordingly, that's not a real justification in our system ... you have to show that expertise justifies this policy change.” (13:06, Pastrito)

• The State Farm Precedent:
  The Supreme Court's Motor Vehicle Manufacturers Association v. State Farm case reinforced that regulatory rollbacks need technical justification, not simply voter mandate—even when campaign promises are clear.

  • Quote:

    “The court said, look, the fact that you won an election on this, that doesn't cut it with us. You didn't show enough scientific data. ... That is still good law...” (15:22, Pastrito)

Obstacles from the Courts and Congress

• District Court Injunctions:
  District judges continue to use nationwide injunctions to stall executive actions, with the Supreme Court only timidly reining this in.

  • Quote:

    “District courts have shown a willingness to continue abusing their authority. ... There's no disincentive for these district court judges to continue doing what they're doing.” (17:56, Pastrito)

• Congress as “the Forgotten Branch”:
  Dr. Pastrito emphasizes Congress’ central role and responsibility for the administrative state’s power—arguing that if Congress reclaimed its lawmaking authority, much of the problem would “almost all ... disappear.”

  • Quote:

    “Congress has given away its legislative power and is greatly reluctant to take it back ... If Congress were to reclaim its Article 1 powers, how much of this problem would simply disappear? Almost all of it would disappear.” (18:56, Pastrito)

• Limits of Presidential Action:
  Even full presidential effort is insufficient for lasting reform without Congressional support.

  • Quote:

    “At the end of the day ... what the Trump administration has been doing is nothing short of remarkable. Petal’s been to the floor. But ... I think it is a question how much this can be sustained ... I simply don’t know how much can be done.” (21:00, Pastrito)

Part 2: In Defense of Christian Patriotism (Daniel Darling, 26:10–46:32)

Crisis of Ingratitude and Patriotic Love

• Modern Attitudes on Patriotism:
  Darling argues America faces a “crisis of ingratitude,” with patriotism viewed by many as suspect or retrograde.
  • Quote:

    “The idea of patriotism, of loving your country seems cringe or even maybe even wrong. ... I think at the heart of patriotism is this idea of gratitude, gratitude for the country we've been given...” (26:27, Darling)

The Christian’s Relationship to Nation

• Balancing Allegiances:
  It's not a simple choice between God or country—allegiances should be properly ordered, with God first, but love for country also required as part of faithful stewardship.

  • Quote:

    “It's not always a binary choice between God and country, sometimes it is ... But most of the time it's about ordering our allegiances in the proper ordering. ... I would say, [it's] required for a faithful Christian to love our country, the place God has put us.” (27:19, Darling)

• Loving an Imperfect Nation:
  Acknowledges America's faults without rejecting its ideals or story.

  • Quote:

    “There’s really two wrong ways to view the bad things in our history. One is to pretend they didn’t happen, to whitewash them. Another ... is to pretend that's the only story ... If you have nothing about the country that you love or cherish, then how can you urge it to get better? Love is a great motivation for repair.” (29:49, Darling; 31:13, Darling)

Religious Liberty and Public Life

• Freedom of Religion vs. Freedom to Worship:
  Darling critiques the narrowing of religious liberty language by those on the left, warning that privatizing faith erodes its role in shaping public policy.

  • Quote:

    “What they're saying is ... it's really good ... that you gather on Sundays to worship ... But if you let your faith determine the way you live ... that's out of bounds. ... Christians believe that faith is not restricted to what we do on Sunday. ... the shift ... is a really bad reading of what the Founders intended.” (32:31, Darling)

• The Biblical View of Citizenship and Gratitude:
  Christians should see citizenship as stewardship; America’s freedoms and opportunities are not to be taken for granted.

  • Quote:

    “The Bible does have a lot to say about the state ... a Christian ... should see our citizenship as a stewardship that God has given this to us. How do we steward it well, and how do we preserve what we have for the next generation?” (36:03, Darling)

Politics, Power, and Human Flourishing

• Proper Use of Political Power:
  Christians are well-suited for public life because their worldview orders political engagement below their faith.
  • Quote:

    “Faithful churchgoing Christians are exactly the kind of people you want in politics ... When politics is not this all-important thing that it's our everything, then I think we can engage it wisely ... politics is a poor God. ... But politics can be a useful vehicle ... to do some good in a fallen world.” (38:33, Darling)

The Family and Patriotism

• Central Role of the Family:
  The breakdown of the family is linked to many social ills; strengthening families is essential for a healthy and patriotic society.
  • Quote:

    “The family is the building block of a healthy society. All the data shows us this ... All the social ills that we experience really have the root in the breakdown of the family and flourishing has its root in healthy families.” (41:00, Darling)

Embracing Localism

• Local Change and Civic Renewal:
  National politics seems overwhelming and distant, but genuine, tangible improvement often begins at the local level.
  • Quote:

    “There are things we can do locally, and many of our toughest problems are best solved at the city, state ... and even community level ... When I go locally and I see what folks are doing ... there's a lot of good work being done.” (43:50, Darling)

Notable Quotes & Segments With Timestamps

• “If Congress were to reclaim its Article 1 powers, how much of this problem would simply disappear? Almost all of it would disappear.” (18:47, Pastrito)
• “What the courts have said is, no, the fact that you won an election and want to change administrative policy accordingly, that's not a real justification in our system ... you have to show ... expertise justifies this policy change.” (13:27, Pastrito)
• “At the heart of patriotism is this idea of gratitude, gratitude for the country we've been given, gratitude for our ideals...” (26:29, Darling)
• “If you have nothing about the country that you love or cherish, then how can you urge it to get better? Love is a great motivation for repair.” (31:13, Darling)
• “Faithful churchgoing Christians are exactly the kind of people you want in politics ... When politics is not this all-important thing that it's our everything, then I think we can engage it wisely.” (38:34, Darling)

Key Timestamps

• 00:24 – Administrative State definition and history (Pastrito)
• 05:43 – Humphrey’s Executor Supreme Court Case (Pastrito)
• 09:00 – Supreme Court’s recent changes, risk of rule by courts (Pastrito)
• 12:22 – Elections, expertise, and administrative policy (Pastrito)
• 14:38 – State Farm precedent and regulatory changes (Pastrito)
• 17:00 – Nationwide injunctions and district court challenges (Pastrito)
• 18:47 – Congress’ responsibility and the potential for reform (Pastrito)
• 26:25 – Crisis of ingratitude and patriotism (Darling)
• 27:12 – Christian stewardship of citizenship (Darling)
• 32:31 – Freedom of worship vs. freedom of religion (Darling)
• 36:03 – Biblical view of patriotism (Darling)
• 41:00 – Family structure and patriotism (Darling)
• 43:47 – Localism and practical civic action (Darling)

Tone and Style

The episode is educational and earnest, with a scholarly yet accessible tone. Both guests ground their arguments in historical analysis, legal precedent, and a commitment to the liberal arts tradition. Darling’s section balances cultural critique with positive exhortation for civic involvement, all framed within a Christian worldview.

For further detail, listeners are encouraged to read Dr. R.J. Pastrito’s “Government by the Unelected: How It Happened and How It Might Be Tamed” and Daniel Darling’s “In Defense of Christian Patriotism.”