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The Smithsonian Institution has been in the news. President Trump wants to place a “colossus” George Washington statute outside the National Museum of American History, as well as signs warning that the content inside the museum is biased. On the flip side, the Secretary of the Smithsonian is stepping down, and the institution bypassed Congress to build a new Latino American museum. Relatedly, the Smithsonian spent years and untold amounts of money to test the DNA in strands of Thomas Jefferson’s hair to determine whether he in fact had children with Sally Hemmings.
The Smithsonian is not going to make it through the current fight. The Chief Justice may think he can smooth things over with press releases and surrogate statements. It won’t work. My proposal in Civitas Outlook: The Smithsonian should declare its independence from the Federal Government.
Here is the introduction:
The Smithsonian Institution is a paradox. It simultaneously exists inside and outside the federal government. The nineteen museums and zoo are funded mostly by Congress but also receive private donations. The governing Board of Regents includes a mix of public officials and private citizens. Despite this commingled status, the Smithsonian Institute has long maintained its independence from the federal government. Historically, few conflicts arose, as these world-class museums appealed to Americans across the political spectrum. But in recent years, conservatives have been left fuming as the Smithsonian now preaches progressive orthodoxies on race, gender, and politics.
Even as President Trump asserts further control of the museums, the Smithsonian Institution is urged to push back. The group seems to be bypassing Congress to construct a new museum for Latino Americans. This is not a fight the Smithsonian can win. If the Smithsonian truly seeks actual independence, there is only one path forward: formal separation from the federal government. And if the Smithsonian wants the benefits of government funding but not the burdens of government control, Congress should cut the Smithsonian loose.
And, I propose that Justice Breyer can step in to right the ship through the stormy waters:
Congress should involuntarily spin off the Smithsonian to a private entity. The new non-profit can maintain whatever land and assets it has, and federal appropriations would wind down over a period of time. Current government officials would roll off the board. Perhaps retired Justice Stephen Breyer, who has expertise in architecture, could serve as interim Chancellor. Indeed, freeing the institution from federal control could lead to innovation. It might make sense to separate the nineteen museums and the national zoo into separate entities. Some donors might be willing to support the panda exhibit, and other donors would support exhibits about stamp collecting. There is no real reason that all of these entities have to be subsumed by a unified sclerotic bureaucracy.
The Smithsonian Institution stands at an inflection point. The trust earned since the nineteenth century has been squandered away. If Chief Justice Roberts truly believes in the independence of the Smithsonian, his greatest act of selfless institutionalism would be to let his own position go.
Or, the way for the Smithsonian to stop being dependent on the federal government is to stop being dependent on the federal government.
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