Until Tuesday afternoon, the Federal Energy Regulatory Commission appeared relatively unscathed by President Donald Trump’s efforts to consolidate and expand his power over the U.S. government.
Then an executive order landed at FERC’s front doorstep and those of independent regulators across Washington.
Trump’s order Tuesday declares all major actions by independent agencies that regulate the economy under White House control — from FERC to the Securities and Exchange Commission to the Federal Trade Commission. It is unprecedented in its sweep, casting aside laws dating back to 1887 that were designed to shield regulators of business and energy markets from direct presidential control.
In the order, Trump argues that the president has sole authority over the executive branch. The so-called unitary executive theory has long been considered fringe, and many mainstream legal scholars believe it is illegal, since Congress set up the agencies specifically to act independently.
