Trump Further Tightens The Leash On Agencies In New Executive Order

President Donald Trump signed an executive order Tuesday to expand his authority over “so-called independent agencies” in a bid to rein in regulatory departments currently outside of the White House’s control.

The order directs independent agencies such as the Federal Trade Commission (FTC), the Securities and Exchange Commission (SEC) and the Federal Communications Commission (FCC) to submit regulatory proposals to the president for his review. It also calls for the head of the Office of Management and Budget (OMB), Russ Vought, to review agency spending and ensure it aligns with presidential priorities.

“Previous administrations have allowed so-called ‘independent regulatory agencies’ to operate with minimal Presidential supervision,” the order reads. “These regulatory agencies currently exercise substantial executive authority without sufficient accountability to the President, and through him, to the American people. Moreover, these regulatory agencies have been permitted to promulgate significant regulations without review by the President. ”

The order appears to test the limits of the unitary executive theory, a constitutional theory asserting the president holds unilateral authority over all executive branch functions. The move will likely prompt legal challenges, as Congress established these agencies which, though part of the executive branch, typically operate independently from presidential control. These agencies can impose significant regulations and fines while operating semi-independently from the White House, independence that would largely disappear by giving the OMB director supervisory authority.