On Tuesday, February 18th, President Donald Trump signed a sweeping executive order bringing independent agencies under the control of the White House — an action that would greatly expand his power but is likely to attract significant legal challenges.
It represents Trump’s latest attempt to consolidate power beyond boundaries other presidents have observed and to test the so-called unitary executive theory, which states that the president has the sole authority over the executive branch. And it reflects the influence of Russ Vought, Trump’s budget chief, one of several conservatives in his orbit who have called for axing independent arms of the executive branch.
The theory was long considered fringe, and many mainstream legal scholars still believe it is illegal, given that Congress set the agencies up specifically to act independently, or semi-independently, from the president. These include the Federal Communications Commission, the Federal Trade Commission and the Securities and Exchange Commission, all of which enact regulations and can impose hefty fines on businesses that violate the rules.
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