Trump order expands control over independent federal agencies

• President Donald Trump signed an executive order expanding the White House’s control over independent federal agencies. The order requires agencies like the FTC, SEC, and FCC to submit regulations for review and limits their traditional autonomy.
• The order mandates White House liaisons in agencies and broadens presidential influence over the Federal Reserve’s regulatory functions.
• Critics argued that the order undermines agency independence, weakens the enforcement of financial and consumer protection laws and may lead to legal challenges.

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President Donald Trump signed an executive order expanding the White House’s control over independent federal agencies. It brings them under direct presidential supervision.

The order requires agencies such as the Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and Federal Communications Commission (FCC) to submit regulations for White House review, a significant shift from traditional autonomy.

The order also mandates that these agencies appoint White House liaisons. The liaisons will coordinate policy decisions and ensure regulatory actions align with administration priorities.

While the Federal Reserve’s monetary policy remains exempt, the directive does extend White House influence over the Fed’s regulatory and enforcement functions.

How does the order impact agency independence?

Historically, independent agencies operated with a degree of separation from the executive branch, allowing them to regulate financial markets, telecommunications and corporate oversight without direct presidential intervention.

The new order removes that independence, requiring agencies to consult with the White House on priorities and submit rules for approval before implementation.

Additionally, the Office of Management and Budget (OMB) gains control over agency budgets, giving it the power to review and potentially restrict spending. This limits agencies’ ability to allocate resources without White House approval.

What does the order say about legal interpretations?

One of the most sweeping provisions declares that only the president and the attorney general can issue official legal interpretations for the executive branch. This means agency lawyers can no longer take legal positions that contradict the White House or Justice Department.

Critics argued this could significantly impact regulatory enforcement in areas such as antitrust, consumer protections and corporate oversight. By centralizing legal authority within the executive branch, the order removes discretion from independent agency attorneys who previously had the power to interpret and enforce regulations.

What is the justification for this order?

The White House argued that independent agencies have too much unchecked power. They make decisions that impose significant economic costs without presidential oversight.

Supporters saw the order as necessary to increase accountability. It ensures that agencies answer directly to the president rather than unelected officials.

The administration described the move as a “restoration of constitutional governance,” asserting that all executive branch entities — including independent agencies — should be subject to presidential supervision as outlined in Article II of the Constitution.

What are the concerns and legal challenges?

Opponents warned that the order undermines agency independence and weakens enforcement of financial, corporate and consumer protection laws.

Critics argued that Congress intentionally structured these agencies to function without direct political influence, insulating them from shifting presidential administrations.

Legal experts anticipate immediate lawsuits, as Congress created independent agencies with protections against direct executive control.

Several Supreme Court precedents — including Humphrey’s Executor v. United States (1935) — have upheld agency independence, although more recent rulings have expanded presidential authority over regulatory bodies.

Could the Supreme Court rule on this?

The order will likely see challenges in federal court, with opponents arguing that it violates established legal protections for independent agencies.

Past cases, including Seila Law v. CFPB (2020), have ruled that certain independent agency structures are unconstitutional, but the extent of presidential authority over all regulatory agencies remains a contested issue.