The White House is seeking more control over independent federal agencies
Image: Kevin Lamarque/Reuters
On Tuesday, President Trump signed an executive order seeking to give the White House greater control of independent federal agencies, raising questions about the limits of the presidential authority.
A breakdown
The order applies to independent agencies like the FCC, FTC, and SEC, which are in charge of passing and enforcing regulations for areas like banking, security, and telecommunications. The only exemption is the Federal Reserve’s handling of interest-rate policy – though it applies to the Fed’s other responsibilities.
In general terms, the order requires these independent agencies to submit all major regulations to the White House Office of Management and Budget (OMB) for review, instead of enacting those regulations themselves.
- OMB Director Russell Vought will set performance standards and objectives for independent agency heads, and provide guidance on how to adjust their budgets in accordance with the law.
- The order also bars independent agencies from taking legal positions different from those asserted by Trump or AG Pam Bondi.
Is this legal? Many Democratic lawmakers and legal experts have questioned whether Trump’s latest executive order is a violation of the federal government’s checks and balances, or in line with the president’s standard authority.
- The independent agencies in the order have typically been seen as operating outside of the Executive Branch, and were established by Congress with the intention of applying nonpartisan and independent expertise to regulatory questions.
- Congress has also granted autonomy to many agencies allowing them to take legal positions in areas of law they enforce, which runs counter to Trump’s new executive order.
But the Trump admin disagrees. With the order, the White House is pushing a theory known as the “unitary executive,” which argues the Constitution allows the president complete control of the government, and that Congress lacks the ability to shield specialized agencies from Trump’s order.
Looking ahead…Trump’s executive order is expected to face legal challenges that could eventually reach the Supreme Court.
📊 Flash poll: How do you feel about President Trump’s new executive order seeking to give the White House greater control of independent federal agencies?
See a 360° view of what pundits are saying →
Sprinkles from the Left
- Some commentators argue that Trump’s executive orders are not simply chaotic government disruptions but calculated moves that echo authoritarian playbooks, targeting the checks & balances within the government, seizing control of once-independent institutions, and recruiting shadowy, hidden enforcers.
- Others contend that executive orders are not the law, and that the president seeking a unitary executive approach to government to control independent agencies in this way is a conscious violation of constitutional law that should be taken as a serious threat to democracy.
- “Not Quite a Unified Theory of Trumpism, but Still an Alarming Pattern.” –Nicholas Kristof, New York Times
- “Trump's Bogus 'Unitary Executive' Theory and the Dismantling of Democracy.”–John Bergmayer, Common Dreams
- “One month down in Trump's presidency, 47 to go. Democrats better buckle up.” –Ingrid Jacques, USA Today
Sprinkles from the Right
- Some commentators argue that Trump’s order may simply be meant to dictate how these agencies cannot take any action to explicitly enforce rules without presidential approval, as opposed to deciding what those rules are, which does not technically violate the Constitution.
- Others contend that the order is a step in the right direction. They argue that these agencies should be subject to more scrutinized review due to the economic and societal burden they may present. They call on Congress to prioritize codifying major changes to the federal review and oversight structure for the future.
- “What Does Mr. Trump’s Executive Order Seizing Control of Federal Agencies Really Mean–and is It Constitutional?”–Eric J. Trouttman, National Law Review
- “Major Rule Mayhem And The Discipline Of Federal Independent Regulatory Agencies.” –Clyde Wayne Crews Jr., Forbes
- “Opinion: Why everyone should care about the Constitution’s separation of powers.” –Kif Augustine-Adams, John Fee, Frederick Mark Gedicks, Lisa Grow, Carolina Núñez, Michalyn Steele and Lucy Williams, Deseret News
Share this!
Recent Discussion stories
Discussion
| February 19, 2025The US and Europe aren’t seeing eye to eye
🌍 America’s relationship with Europe has come under focus in recent days, following a series of statements and actions by the Trump administration.
Discussion
| February 14, 2025DOGE’s cost-cutting efforts are gaining steam
🏛️ President Trump signed an executive order requiring federal agencies to directly consult with the Department of Government Efficiency (DOGE) on best practices for hiring approval, as well as plans for a large-scale reduction of the federal workforce.
Discussion
| February 12, 2025The Trump admin says pennies don’t make cents
🚫🪙 On Sunday, President Trump ordered the US Treasury to stop minting new pennies, citing the coin’s high cost of production as wasteful government spending.
You've made it this far...
Let's make our relationship official, no 💍 or elaborate proposal required. Learn and stay entertained, for free.👇
All of our news is 100% free and you can unsubscribe anytime; the quiz takes ~10 seconds to complete