Trump’s Executive-Power Restoration

His bold order putting ‘independent agencies’ under White House control echoes the Founders

WSJ editorial. Excerpts:

"The federal government includes dozens of agencies that are nominally independent of the President even though they enforce laws and exercise other executive power. This wasn’t part of the original constitutional design.

Such agencies took root during the Progressive Era of the early 20th century. Woodrow Wilson in particular disliked the Constitution and wanted government by bureaucratic experts shielded from political control. Thus evolved today’s government alphabet soup of the SEC, FCC, FTC, FEC, CFTC, CFPB, FERC, FDIC, the Federal Reserve, and more."

"His argument, echoed by many modern conservative scholars, is that insulation from presidential authority runs counter to Article II’s command that the President “take Care that the Laws be faithfully executed.” If Congress has charged such agencies with enforcing laws, then the President should be able to supervise how they do their job."

"His order requires these agencies to submit proposed and final rules to the Office of Information and Regulatory Affairs in the White House. OIRA, which is part of the Office of Management and Budget (OMB), will review rules to ensure their cost-benefit and legal analysis is rigorous"

"it is restoring the vision of the Founders who gave the President control over the executive branch. Today that control can be divided, as it is on antitrust policy, for example. The Federal Trade Commission and Justice Department both enforce antitrust and consumer protection laws. But the Attorney General answers to the President, while the FTC Chair doesn’t. This makes no logical governing sense."

"increasingly these “independent” agencies aren’t really independent. After Barack Obama endorsed regulating broadband providers as common carriers, his FCC Chair Tom Wheeler promulgated a net-neutrality rule that did so. Does anyone believe Mr. Wheeler was acting independently?"

"Joe Biden issued executive orders “encouraging” various independent agencies to “consider” issuing regulations—for instance, an FTC ban on non-compete agreements. They followed his orders."

"these bureaucracies have vast power over the lives and livelihoods of Americans. When they exceed their authority, a President should be able to hear and represent public complaints."

"Congress would still have its power of the purse, oversight, and advice and consent over nominees."