The American system of government was designed to include a separation of powers among the three branches of the federal government: Congress, the president, and the courts.
These checks and balances are designed to prevent any one branch — including the president — from exceeding their authority beyond what is granted to them by the Constitution.
President Trump’s actions since assuming office threaten that system. He has repeatedly overstepped the bounds of his constitutional power by attempting to take over independent agencies created by Congress that are, by design, not subject to the direct authority of the president.
These agencies are meant to function autonomously to carry out federal laws and serve the American people, not the president’s political interests. But President Trump’s actions threaten this important and long-standing framework.
What Are Independent Agencies?
Independent agencies are federal agencies that don’t fall under the authority of the president. Designed and funded by Congress and signed into law by the president, they exist outside of any one party, administration or Congress.
These agencies provide important services to the American people, like delivering mail and making sure our elections run smoothly. They are typically run by bipartisan boards with members who are nominated by the president and confirmed by the Senate. When confirmed, members sometimes have tenure protections, safeguards that protect them from political pressures.
Some independent agencies with election-related responsibilities include the Federal Election Commission (FEC), the United States Postal Service (USPS) and the Election Assistance Commission (EAC).
These agencies were designed to be independent from any one elected official so they cannot be influenced by external politics and personal interests. And the civil servants who head these agencies are selected due to their expertise in their field, not simply their political loyalty.
Congress specifically insulated independent agencies and the civil servants running them from partisan influence and political pressure to ensure they could focus on long-term public good and not the short-term political whims of the president or party leaders.
President Trump’s Attempt to Seize Control
Trump has moved to dismantle this crucial independence in several ways since assuming office:
- Issuing an executive order that would grant the president broad powers to oversee the regulations and proceedings of independent agencies.
- Issuing an executive order that unlawfully attempts to direct the Election Assistance Commission to make changes to voter registration requirements for federal elections.
- Illegally firing agency heads without cause simply because they are not political loyalists. Trump removed Ellen Weintraub from her position as chair of the FEC and fired both Democratic commissioners at the Federal Trade Commission (FTC).
- Replacing agency staff with political loyalists to erode the nonpartisan workforce.
These actions are part of the Trump administration’s efforts to create a so-called unitary executive, a construct based on a controversial legal philosophy that argues the president has total control over all agencies, including those designed by Congress to be independent.
What’s at Stake?
The potential impact of Trump’s efforts to seize control of agencies that don’t fall under his authority cannot be understated.
Attempting to take regulatory control, fire leadership and place party loyalists in powerful positions is a dangerous centralization of executive power that increases the chances for corruption and puts the benefits and services that the American people rely on at risk.
If an independent agency is filled with party loyalists or those only looking to serve one individual — and who fear retaliation from the White House if they don’t abide by President Trump’s will — then that agency cannot be trusted to put the interests of the American public above what the president wants.
The consequences on the freedom and fairness of our elections are especially concerning.
The FEC has the critical responsibility of enforcing campaign finance laws, including those that protect voters’ right to know who is spending money on our elections. It is also a rare agency that has specific powers to regulate the president as a candidate and holder of federal office.
President Trump has already specifically targeted the FEC in his attacks against independent agencies. If the FEC continues to be brought under his control, Americans will have no guarantee that the president, any president to come, or the president’s political party are being held accountable for complying with federal campaign finance laws.
The EAC is responsible for creating and maintaining the federal voter registration form. Comprised of two Democrats and two Republicans, the EAC is a bipartisan commission with specific, limited responsibilities delegated to it by Congress.
The president is overstepping his executive authority by attempting to direct the EAC to change the federal voter registration form. The states and Congress have the power to set federal election rules, not the president.
Taking Action Against Trump’s Troubling Power Grab
President Trump’s attempts to exert total control over these agencies and transform them into extensions of the White House — led by only his loyalists, not subject matter experts — is an overreach of authority that erodes the separation of powers and the rule of law.
Campaign Legal Center is taking the lead to hold President Trump and his administration accountable for this troubling overreach that has the potential to negatively impact all Americans who rely on expert-led independent agencies.
- CLC sued over President Trump’s attempt to take over the EAC through executive order. His executive order is an unlawful attempt to take control of our elections and would make it harder for millions of Americans to exercise the freedom to vote.
- CLC has called on the FEC to reject President Trump’s unconstitutional power grab that threatens our elections and weighed in on a lawsuit seeking to hold President Trump and members of his administration accountable for this power grab.
Preventing this overreach on independent agencies is just a small part of the broader battle to defend every American’s right to a responsive, representative government. With your support, CLC will continue to hold those accountable who attempt to manipulate the government for their own self-interests. Keep up with our efforts here.