Example Image
Civitas Outlook
Topic
Constitutionalism
Published on
Mar 3, 2025
Contributors
John Yoo
Robert Delahunty
Photo by David Everett Strickler on Unsplash

Trump’s Worthy Effort to Rein In ‘Independent’ Agencies

Contributors
John Yoo
John Yoo
Senior Research Fellow
John Yoo
Robert Delahunty
Robert Delahunty
Robert Delahunty
Summary
The Trump administration is making a bold and principled attempt to restore these wayward bodies to the control of the executive branch.
Summary
The Trump administration is making a bold and principled attempt to restore these wayward bodies to the control of the executive branch.

Despite all the progressive fire and brimstone descending on Elon Musk, his Department of Government Efficiency is making only a down payment on shrinking the administrative state. Firing thousands of federal employees may reduce fraud, waste, and abuse, but the frontal assault on unconstrained government will come if President Donald Trump succeeds in bringing the so-called independent regulatory agencies to heel.

These “alphabet” agencies exercise vast power over the American economy and society. The Securities and Exchange Commission, for example, controls the stock and bond markets and dictates what information companies must disclose. The National Labor Relations Board supervises all union activity in the United States. The Federal Communications Commission controls the telephone and internet networks. The Federal Trade Commission seeks to bless or stop every merger in the nation. These commissions have run riot, and not even the federal government can produce an exact accounting of the costs that they impose on the economy, or even their actual number. These agencies had their start during the Progressive Era under Presidents Teddy Roosevelt and Woodrow Wilson and grew under Presidents Franklin Roosevelt, Lyndon Johnson, and Barack Obama.

When it established these agencies, Congress sought to keep their powers away from direct presidential control. Unlike members of the cabinet, the president cannot remove members of these commissions without “cause,” which requires a serious abuse of power or violation of the law. Congress also vests the power of these regulatory agencies among multiple members and requires partisan balance within them.

Continue reading at National Review

00
1x
10:13
More articles

The Land of Fear and Awe

Pursuit of Happiness
Mar 27, 2025

The Looming Debt Crisis, the Trump Tax Cuts, and Medicaid

Politics
Mar 27, 2025
View all

Join the newsletter

Receive new publications, news, and updates from the Civitas Institute.

Sign up
More on

Constitutionalism

Rational Nondelegation

The nondelegation doctrine, which forbids Congress from transferring excessive power to the executive branch, has risen from the dead.

John Yoo
Constitutionalism
Feb 27, 2025
What is an Establishment of Religion? And What Does Disestablishment Require?

Vincent Phillip Muñoz reviews a new book about the Establishment Clause.

Vincent Phillip Muñoz
Constitutionalism
Dec 16, 2024
No items found.
Trump’s Risky Reliance on the Alien Enemies Act

A symbolic show of resolve on illegal immigration could hamper Trump’s effort to revive the Monroe Doctrine.

John Yoo, Robert Delahunty
Constitutionalism
Mar 21, 2025
Challenging the Claremont View of Birthright Citizenship

Questions for my friends at the Claremont Institute on the 14th Amendment.

John Yoo
Constitutionalism
Feb 20, 2025
Trump And Vance Aren’t Defying The Constitution, They’re Following It

John Yoo, Robert Delahunty
Constitutionalism
Feb 12, 2025
Charles Kesler’s Struggle for the Founders’ Constitution

Charles Kesler’s defense of the American Founding from its critics on the left and right alike can help us recover our most cherished principles.

Richard M. Reinsch II
Constitutionalism
Feb 10, 2025

WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

Constitutionalism
Mar 11, 2025
1:05

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Constitutionalism
Mar 7, 2025
1:05

John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Constitutionalism
Feb 27, 2025
1:05

John Yoo: President Trump Is Trying to Restore Energy to the Executive

Constitutionalism
Feb 19, 2025
1:05

John Yoo: Trump Is Trying to ‘Restore the Energetic Executive That Our Founders Wanted’

Constitutionalism
Feb 12, 2025
1:05
No items found.
No items found.
Why Legal Education Needs Abraham Lincoln

Ilya Shapiro's Lawless: The Miseducation of America’s Elites unveils the corruption in legal education.

Michael Lucchese
Constitutionalism
Mar 26, 2025
Impeachment: Is Judge Boasberg Guilty of a “High . . . Misdemeanor?”

The phrase “high . . . Misdemeanors” means non-capital, but serious, crimes explains the organization of the Article II Impeachment clause.

Robert G. Natelson
Constitutionalism
Mar 25, 2025
Ending D.E.I. Is Only Half the Battle

The next step in ending government-backed discrimination is replacing it with merit, aptitude, and hard work.

GianCarlo Canaparo
Constitutionalism
Mar 24, 2025
State-Led Lawfare Eclipses Freedom-Preserving Federalism

State attorneys general seem more interested in forcing federal policy into alignment with their political priors.

Jonathan H. Adler
Constitutionalism
Mar 21, 2025
No items found.