Politico - President Donald Trump on Tuesday signed a sweeping executive order bringing independent agencies under the control of the White House — an action that would greatly expand his power but is likely to attract significant legal challenges.
It represents Trump’s latest attempt to consolidate power beyond boundaries other presidents have observed and to test the so-called unitary executive theory, which states that the president has the sole authority over the executive branch. And it reflects the influence of Russ Vought, Trump’s budget chief, one of several conservatives in his orbit who have called for axing independent arms of the executive branch.
The theory was long considered fringe, and many mainstream legal scholars still believe it is illegal, given that Congress set the agencies up specifically to act independently, or semi-independently, from the president. These include the Federal Communications Commission, the Federal Trade Commission and the Securities and Exchange Commission, all of which enact regulations and can impose hefty fines on businesses that violate the rules.
Other presidents have not only declined to challenge the independence of these agencies in court, but have in many cases tried to avoid even the appearance of interference in their actions. Many leaders appointed to the agencies serve terms that last longer than a single presidency, in an effort to help shield them from political pressure.
The order would take that independence away by granting Vought, who reports to Trump, supervising power. The executive order requires Vought, as the director of the Office of Management and Budget, to “establish performance standards and management objectives” for the heads of independent agencies and “report periodically to the President on their performance and efficiency in attaining such standards and objectives.” It also requires Vought to review and make changes to the agencies’ budgets “as necessary and appropriate, to advance the President’s policies and priorities.” More
The theory was long considered fringe, and many mainstream legal scholars still believe it is illegal, given that Congress set the agencies up specifically to act independently, or semi-independently, from the president. These include the Federal Communications Commission, the Federal Trade Commission and the Securities and Exchange Commission, all of which enact regulations and can impose hefty fines on businesses that violate the rules.
Other presidents have not only declined to challenge the independence of these agencies in court, but have in many cases tried to avoid even the appearance of interference in their actions. Many leaders appointed to the agencies serve terms that last longer than a single presidency, in an effort to help shield them from political pressure.
The order would take that independence away by granting Vought, who reports to Trump, supervising power.
The executive order requires Vought, as the director of the Office of Management and Budget, to “establish performance standards and management objectives” for the heads of independent agencies and “report periodically to the President on their performance and efficiency in attaining such standards and objectives.” It also requires Vought to review and make changes to the agencies’ budgets “as necessary and appropriate, to advance the President’s policies and priorities.”
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