The president has already challenged statutory protections against summarily firing officials overseeing such agencies without cause.
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President Trump issued an executive order on Tuesday that seeks greater authority over regulatory agencies that Congress established as independent from direct White House control, part of a broader bid to centralize a president’s power over the government.
The order requires independent agencies to submit their proposed regulations to the White House for review, asserts a power to block such agencies from spending funds on projects or efforts that conflict with presidential priorities, and declares that they must accept the president’s and the Justice Department’s interpretation of the law as binding.
“This is a power move over independent agencies, a structure of administration that Congress has used for various functions going back to the 1880s,” said
Peter M. Shane, who is a legal scholar in residence at New York University and the author of
a casebook on separation-of-powers law.
The order follows Mr. Trump’s
summary firings of leaders of independent agencies in defiance of statutes that bar their removal without cause before their terms are up. Collectively, the moves constitute a major front in
the president’s assault on the basic shape of the American government and his effort to seize some of Congress’s constitutional power over it.
The directive applies to various executive branch agencies that Congress established and empowered to regulate aspects of the economy, structuring them to be run by officials the president would appoint to fixed terms but whose day-to-day actions he would not directly control.
Those agencies include the Securities and Exchange Commission, the Federal Trade Commission, the Federal Communications Commission and the National Labor Relations Board. Still, the order applies only partly to one particularly powerful agency, the Federal Reserve, covering issues related to its supervision and regulation of Wall Street, but exempting its decisions related to monetary policy, like raising and lowering interest rates.