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On Tuesday, President Donald Trump made headlines by signing a groundbreaking executive order that grants the White House greater oversight of independent agencies that have historically operated outside of presidential influence. This sweeping directive aims to promote what the administration describes as “Presidential supervision and control of the entire executive branch.”
The executive order is expected to impact several key independent agencies, including the Federal Election Commission, Federal Communications Commission, Federal Trade Commission, and the Securities and Exchange Commission. Trump’s decision looks to be rooted in the controversial unitary executive theory, a legal perspective asserting that the president holds ultimate authority over the executive branch. Russell Vought, Trump’s budget chief, is a known proponent of this theory.
The order states that previous administrations have allowed independent regulatory agencies to function with minimal presidential oversight, leading to accountability concerns. “These regulatory agencies currently exercise substantial executive authority without sufficient accountability to the President, and through him, to the American people,” the order claims, suggesting that such practices undermine the agencies’ accountability to the nation and hinder a “unified and coherent execution of Federal law.”
To enhance government accountability, the order declares that “officials who wield vast executive power must be supervised and controlled by the people’s elected President.” In this context, Vought will have the authority to establish “performance standards and management objectives” for agency heads while informing the President about their performance in meeting these benchmarks. Vought will also have the power to adjust agency budgets as deemed necessary to advance the President’s policies and priorities.
This unprecedented move also sees Vought temporarily overseeing the Consumer Financial Protection Bureau, where he has implemented significant staffing cuts and halted funding initiatives. Historically, past presidents have shied away from openly challenging the independence of these regulatory agencies, to keep their interference to a minimum.
It’s likely that the executive order will face swift legal challenges from various entities worried about the implications for agency autonomy and governance.
