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.
“These practices undermine such regulatory agencies’ accountability to the American people and prevent a unified and coherent execution of Federal law,” the order continued. “For the Federal Government to be truly accountable to the American people, officials who wield vast executive power must be supervised and controlled by the people’s elected President.”
The action continues the president’s ongoing efforts to maximize control over the executive branch. Trump has already attempted to restrict independent regulators during his second term, dismissing inspectors general across multiple agencies, many of whom have sued the president.
The order excludes the Federal Reserve and its authority to set monetary policy and interest rates without presidential oversight.
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