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PaperclipPerfector  2mo ago (text post)   34875 thread views

Culture War Roundup for the week of February 17, 2025

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So a few days ago, Trump signed an order to reign in the administrative branch back to the presidency. I wasn't even aware of it until I saw a ton of my liberal friends sharing it and acting like it was the end of the world, a takeover. So far reading it, seems fairly normal. The President is asserting his power over his own executive branch. Here is the link, and some key points from it:

The Order notes that Article II of the U.S. Constitution vests all executive power in the President, meaning that all executive branch officials and employees are subject to his supervision. Therefore, because all executive power is vested in the President, all agencies must: (1) submit draft regulations for White House review—with no carve-out for so-called independent agencies, except for the monetary policy functions of the Federal Reserve; and (2) consult with the White House on their priorities and strategic plans, and the White House will set their performance standards. The Office of Management and Budget will adjust so-called independent agencies’ apportionments to ensure tax dollars are spent wisely. The President and the Attorney General (subject to the President’s supervision and control) will interpret the law for the executive branch, instead of having separate agencies adopt conflicting interpretations.

Again, it's a change from how things are done, but seems fair to me. I suppose a lot depends on what exactly "independent agencies" are, and if that means they can straight up challenge the President when it comes to policy decisions. If these agencies are technically under the executive branch, I don't see how that could be constitutional.

The rest of this link seems mostly fluff, but in the first section here they call out specific agencies:

REINING IN INDEPENDENT AGENCIES: So-called independent agencies like the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and Securities and Exchange Commission (SEC) have exercised enormous power over the American people without Presidential oversight.

These agencies issue rules and regulations that cost billions of dollars and implicate some of the most controversial policy matters, and they do so without the review of the democratically elected President. They also spend American tax dollars and set priorities without consulting the President, while setting their own performance standards. Now they will no longer impose rules on the American people without oversight or accountability.

I know the SEC in general has been pretty harsh towards crypto and right leaning companies, not so clear on what the FTC and FCC have done to earn the ire of the President.

Overall, I'm very curious to see how this shakes out. Anyone with a better understanding of law than me here that can shed light on what an independent agency actually is?

Not quite so clear cut. These independent agencies are created and overseen by Congress with execution left to the President. It seems to me it's just another way to set up a SCOTUS showdown over unitary executive theory which has generally been the entire theme of Trump term two. It would in fact be another expansion of executive power if unopposed.

Given their recent changes over Chevron, I'd say this is a good strategy. Trump is lining up the entire managerial state and putting it in the crosshairs of the Supreme Court. We'll see if they pull the trigger.

Roberts, Kavanaugh, and Barrett never will.

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