# Trump’s Executive Order Increases Presidential Authority Over Independent Agencies
## Introduction
On February 14, 2025, former U.S. President Donald Trump signed an executive order that substantially enhances presidential power over independent federal agencies. This directive stipulates that entities such as the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC) are required to conform to the legal interpretations and policy preferences of the White House. This action has ignited debate, with opponents contending that it jeopardizes the autonomy of these agencies and consolidates authority within the executive branch.
## Key Provisions of the Executive Order
### 1. **Presidential Oversight of Independent Agencies**
The executive order declares that all officials in the executive branch must be “managed and directed by the elected President of the people.” This instruction pertains to organisations typically deemed independent, including the FTC, FCC, and SEC. The White House contends that these agencies should not function independently but should instead coordinate with the president’s policy objectives.
### 2. **Regulatory Review by the White House**
The order necessitates that independent agencies present draft regulations for scrutiny by the White House Office of Information and Regulatory Affairs (OIRA). This stipulation guarantees that proposed rules are in line with the administration’s objectives prior to their publication in the Federal Register.
### 3. **Financial Oversight of Agencies**
The White House Office of Management and Budget (OMB) is empowered to modify agency budgets to “promote the President’s policies and aims.” This implies that the executive branch can limit how agencies manage their finances, which might restrict their capacity to operate independently.
### 4. **Legal Interpretations Must Conform to the President**
One particularly contentious clause of the order forbids agency personnel from providing legal interpretations that contradict the president or the attorney general. This means that agencies are not permitted to independently interpret laws or regulations unless they receive explicit permission from the White House.
## Anticipated Legal Challenges
The executive order is predicted to encounter legal opposition. Detractors argue that it infringes on the principle of agency independence as established by Congress. The Trump administration has also petitioned the Supreme Court to overturn a ruling that prevented the president from dismissing the head of the Office of Special Counsel, an independent agency designed to protect government whistleblowers.
John Bergmayer, legal director of the consumer advocacy organisation Public Knowledge, denounced the order, asserting that it is founded on the “unitary executive” theory, which maintains that the president wields complete control over the executive branch. He contended that this theory undermines the constitutional framework of checks and balances.
## The Effect on Regulatory Agencies
### **FCC and Media Oversight**
The FCC, which supervises telecommunications and media, is likely to undergo considerable transformations under this order. Trump’s FCC chairman, Brendan Carr, has already indicated support for heightened White House influence over media regulations. Carr has previously opposed net neutrality and initiated investigations into news organisations accused of bias against conservatives.
### **SEC and Financial Regulation**
The SEC, which is tasked with overseeing financial markets, may also experience repercussions. The order coincides with the sentiments of billionaire Elon Musk, who has engaged in numerous legal conflicts with the SEC. Musk has voiced his dissatisfaction with the agency’s enforcement actions against him, and Trump’s order might diminish the SEC’s capacity to regulate corporate misconduct.
### **FTC and Consumer Advocacy**
The FTC, which enforces antitrust laws and advocates for consumer protections, may see curtailments on its ability to operate independently. This could influence its enforcement actions against major technology companies and monopolistic practices.
## Wider Implications for Government Supervision
The executive order signifies a notable alteration in the power dynamics between the executive branch and independent regulatory agencies. Historically, these agencies have been designed to operate independently from direct presidential oversight to facilitate impartial law enforcement. By asserting greater authority over them, Trump’s order confronts enduring governance norms.
Critics warn that this action could politicize regulatory choices, rendering agencies more vulnerable to partisan pressures. Supporters, on the other hand, argue that it increases accountability by ensuring that all executive actions correspond with the president’s agenda.
## Conclusion
Trump’s executive order represents a considerable amplification of presidential control over independent agencies, raising alarms regarding the potential deterioration of agency independence and the likelihood of heightened political meddling in regulatory determinations. As legal disputes arise, the fate of independent federal agencies is uncertain, with significant repercussions for governance, regulatory oversight, and the balance of authority within the U.S. government.
