For decades, Congress has used its legislative authority to create independent agencies that operate free from direct control of the president. Now, President Donald Trump seeks to flout these congressional mandates by insisting that the president have control of all facets of these agencies.
The president's attempted power grab over independent agencies has been challenged in court. Now, the U.S. Supreme Court is set to hear arguments in a case concerning the unlawful removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter.
A broad ruling in the Trump administration's favor would set a new legal precedent that could have disastrous consequences for the checks and balances that uphold our system.
Campaign Legal Center (CLC), joined by CLC president and former Republican Chairman of the Federal Election Commission (FEC) Trevor Potter, has filed an amicus brief urging the Supreme Court to consider the effect that dramatically expanding presidential power would have on the independent agencies that regulate our elections.
Congress created these agencies to be independent from the president on purpose, recognizing that impartial election administration would be threatened if an elected official such as the president could dictate how these agencies interpreted and enforced federal election law.
Independence at these agencies is essential to ensuring public trust in our elections and, indeed, furthers foundational principles of democratic accountability. The Supreme Court must reaffirm the constitutionality of independent agencies and the crucial role they play in upholding the rule of law.
What Are Independent Agencies?
Independent agencies are federal agencies that are insulated from the authority of the president; for instance, the president cannot remove commissioners without cause. 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 protecting voting rights and making sure our elections run smoothly.
Independent election agencies include the Federal Election Commission (FEC) 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. The civil servants who lead these agencies are selected for their expertise and have longstanding legal safeguards that protect them from political pressure.
Congress specifically designed these agencies to be independent so they could focus on long-term public good rather than the short-term political whims of the president or party leaders.
Moreover, the Supreme Court has acknowledged that certain independent agencies require specific protections due to their role in upholding our democracy. As CLC argues in our brief, the FEC and EAC are prime examples of independent agencies that must be protected from a president’s political grasp.
President Trump’s Attempt to Seize Control
Independent agencies — particularly election agencies — are meant to function autonomously to carry out federal laws and serve the American people, not the president’s political interests. The potential impact of Trump’s efforts to seize control of agencies that don’t fall under his authority cannot be ignored.
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 the president — and who fear retaliation if they don’t abide by his will — then that agency cannot be trusted to put the interests of the American public above what the president wants.
The consequences for 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 the authority 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 is brought under his control, Americans will have no guarantee that this president, any president to come, or the president’s political party is being held accountable to ensure compliance with federal campaign finance laws.
The EAC is responsible for, among other things, creating and maintaining the federal voter registration form and helping states guarantee that elections are safe, secure and accessible. Composed of two Democrats and two Republicans, the EAC has specific, limited responsibilities delegated to it by Congress.
The president is overstepping his executive authority by attempting to exert control over the EAC, including by directing the EAC to change the federal voter registration form (a move that was just permanently halted in November 2025). The states and Congress have the power to set federal election rules, not the president.
What’s at Stake?
This is only the latest move taken by the Trump administration to challenge independent agencies. Trump has issued executive orders that would give him the power to oversee the regulatory work of independent agencies, illegally fired agency heads without cause, and attempted to erode nonpartisanship in civil service through unconstitutional actions.
These actions are part of the Trump administration’s efforts to create a so-called unitary executive, a controversial legal philosophy that argues that the Constitution demands that the president have total control over all agencies, including those specifically designed by Congress to be independent.
This undemocratic theory is at the heart of Trump’s attempt to centralize power and erode the checks and balances that ensure our government serves the public rather than the president.
The Trump administration argues that a unitary executive with power over independent agencies advances democratic accountability, but the Constitution clearly does not provide him such unchecked control.
Moreover, this argument ignores that independent agencies actually promote democratic accountability. Congress is the branch of government that is designed to be most accountable to the people, which is why it is empowered to enact laws, including those creating independent agencies. The president's main duty is to ensure that those laws are faithfully executed.
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.
Nowhere is independence more critical than when it comes to the regulation of federal elections. The legitimacy of American democracy — and the public’s confidence in the democratic system — comes from the belief that our elections are protected from powerful political figures who would benefit by manipulating them.
That belief is the heart of why Congress created the FEC and EAC to be independent.
Taking Action Against Trump’s Troubling Power Grab
Campaign Legal Center is fighting back against President Trump’s attempts to erode the separation of powers and the rule of law.
Alongside our brief arguing that independent agencies are key for democratic accountability, we’ve been in court fighting to protect voting rights, fair voting maps, nonpartisanship for civil servants and more — all 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.