# New executive order seizes complete control of all regulatory agencies, interpretation of law **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [February 19, 2025, 3:08pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508 "2025-02-19T15:08:41Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\ **Post date:** [February 19, 2025, 3:08pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/1 "2025-02-19T15:08:41Z")
I know there are already a lot of Trump threads, but this feels like the big one to me. The moment we essentially officially become a dictatorship. [Thes executive order](https://www.whitehouse.gov/presidential-actions/2025/02/ensuring-accountability-for-all-agencies/) states: > [@](#): > > However, previous administrations have allowed so-called “independent regulatory agencies” to operate with minimal Presidential supervision. These regulatory agencies currently exercise substantial executive authority without sufficient accountability to the President, and through him, to the American people. Moreover, these regulatory agencies have been permitted to promulgate significant regulations without review by the President. > > These practices undermine such regulatory agencies’ accountability to the American people and prevent a unified and coherent execution of Federal law. For the Federal Government to be truly accountable to the American people, officials who wield vast executive power must be supervised and controlled by the people’s elected President. > > Therefore, in order to improve the administration of the executive branch and to increase regulatory officials’ accountability to the American people, it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch. Moreover, all executive departments and agencies, including so-called independent agencies, shall submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register. > [@](#): > > Sec. 7. Rules of Conduct Guiding Federal Employees’ Interpretation of the Law. The President and the Attorney General, subject to the President’s supervision and control, shall provide authoritative interpretations of law for the executive branch. The President and the Attorney General’s opinions on questions of law are controlling on all employees in the conduct of their official duties. The title does not say “attempts to seize” because who the fuck is going to stop this? We haven’t fought yet and we’re not going to start now. All independent agencies are now under the direct control of the president. All regulations must meet with presidential approval before being implemented (power grab against legislature) and only the president and attorney general can interpret the law as far as what federal employees follow in their duties (power grab against judiciary). This is the biggest power grab in American history, do you think it might make the news for more than a day? Will anyone in the entire media be critical of this move or give it anywhere near the attention it deserves? Or do we just slide right into dictatorship with hardly a reaction? It’s been less than a month since inauguration. I’m as pessimistic about America as they come and I didn’t anticipate it would go this fast. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 19, 2025, 3:28pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/2 "2025-02-19T15:28:08Z")
The silence from the “It ain’t as bad as you think it is, so don’t panic” crowd will be deafening. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [February 19, 2025, 3:36pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/3 "2025-02-19T15:36:53Z")
It’s also an ongoing discussion starting … about … here: > [@The current second Trump administration: a compendium of horrors](https://boards.straightdope.com/t/the-current-second-trump-administration-a-compendium-of-horrors/1009774/814): > > Trump has just signed an Executive Order declaring that the [Supreme Court is irrelevant](https://www.washingtontimes.com/news/2025/feb/18/trump-signs-executive-order-allowing-attorney-gene/). Only the president or the attorney general can interpret the law. The mind just boggles. From the article: “President Trump on Tuesday signed an executive order declaring that only the attorney general or the president, instead of federal regulators or bureaucrats, can speak for the U.S. when interpreting the meaning of laws carried out by the executive branch.” I know, he can write an Executive Order d… I don’t know whether the [@moderators](https://boards.straightdope.com/groups/moderators) think there should be a merger, a split, or a general laissez-faire approach to this 😉 ---
**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\ **Post date:** [February 19, 2025, 3:38pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/4 "2025-02-19T15:38:15Z")
They may decide that this discussion should belong in that thread, but it seemed significant enough to me to merit its own discussion, one of the most impactful political moves of all of American history. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [February 19, 2025, 3:44pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/5 "2025-02-19T15:44:48Z")
It’s just bonkers that Trump is doing so many abhorrent things that we have a hard time figuring out whether open a thread about specific actions or add them to a compendium. It’s no surprise, but it’s still bonkers. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [February 19, 2025, 3:47pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/6 "2025-02-19T15:47:51Z")
> [@SenorBeef](#): > > > Moreover, all executive departments and agencies, including so-called independent agencies, shall submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register. There’s no way Trump is going to do the work of actually reviewing thousands of federal regulations. That’s just not possible, which is why the organizations have done the bulk of this work up until now. So now, he’s just added another layer of “unaccountable bureaucrats” to review the reviewers, and tell him that everything is okay. The thing about interpreting the law is worrying, but this? It’s just for show, so far as I can tell. They’re not going to do the real work. They’ll either rubberstamp everything, or deny everything. The only time they’ll take any kind of detailed look at an actual regulation is when someone with enough pull complains directly to Trump about a specific regulation. ---
**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\ **Post date:** [February 19, 2025, 3:53pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/7 "2025-02-19T15:53:49Z")
I don’t think they’re going to put in any real work either, but I suspect this will essentially neuter any sort of regulation that puts any limitations on a business. Or you can have regulations for sale – if Walmart pays me, I’ll enforce regulations that are onerous to Amazon for example. There’s an incredible amount of evil they can do with it. They can weaponize regulations by only enforcing them against their enemies. They could remove thousands of bedrock safety regulations overnight if they want. ---
**Author:** ![Leo\_Krupe](https://avatars.discourse-cdn.com/v4/letter/l/ebca7d/32.png) [@Leo\_Krupe](https://boards.straightdope.com/u/Leo_Krupe)\ **Post date:** [February 19, 2025, 4:08pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/8 "2025-02-19T16:08:42Z")
> [@SenorBeef](#): > > do you think it might make the news for more than a day? No, partially because the corporate news orgs have already capitulated, and the public’s attention span is about two Planck lengths. Remember when the repubs clamored about “executive overreach”? How about “How will he (Obama) stand up to Putin?” I’ve always laughed at the cartoon guys with signs that say “The End is Near” but they’re right about this. I doubt the country will last until this summer. Watch for a financial collapse. ---
**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\ **Post date:** [February 19, 2025, 5:10pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/9 "2025-02-19T17:10:11Z")
> [@SenorBeef](#): > > It’s been less than a month since inauguration. I’m as pessimistic about America as they come and I didn’t anticipate it would go this fast. I, on the other hand, have been surprised it has taken this long. > [@Czarcasm](#): > > The silence from the “It ain’t as bad as you think it is, so don’t panic” crowd will be deafening. All of the people who poo-pooh’d the Project 2025 ambitions and plans of the Heritage Foundation fuckwits who have been deeply embedded in the Trump campaign, the influences of the techbro oligarchs behind J.D. Vance and Elon Musk, and how much of a voice utterly batshit Christian Nationalist apocalypters have because [“As long as the Constitution remains intact, we’ll be fine.”](https://boards.straightdope.com/t/the-political-rage-that-i-feel-is-eating-me-up/1009971/96) Stranger ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 19, 2025, 5:31pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/10 "2025-02-19T17:31:21Z")
> [@SenorBeef](#): > > All regulations must meet with presidential approval before being implemented (power grab against legislature) and only the president and attorney general can interpret the law as far as what federal employees follow in their duties (power grab against judiciary). Maybe I’m missing something here, but this doesn’t seem as apocalyptic as all that. Control over regulation-making power isn’t a power grab against the legislature. My understanding is that in the US system, regulatory agencies do not have law-making power, because they are part of the executive, which by definition cannot make laws. Regulations are passed by regulatory agencies based on what they understand the law passed by Congress authorises or prohibits, and what powers the law passed by Congress gives to the regulatory agencies. If Congress decides that the agencies are not properly interpreting the law, or concludes that they don’t like the powers they’ve given to the regulatory agencies, Congress can amend the law as they see fit. So, not a power-grab from Congress. Nor is it a power-grab from the courts. It’s not trying to exclude the courts. Rather, it’s saying that the DoJ has a centralised power to interpret federal laws for all federal regulatory agencies. If a regulatory agency wants to pass a regulation, the DoJ has the final interpretation, within the executive branch, on whether the federal law authorises the proposed regulation. The federal agency must accept, within the executive branch, the interpretation of the federal law given by the DoJ. But that doesn’t exclude the courts’ jurisdiction. Anyone who disagrees with a federal regulation and thinks it is not authorised by the law passed by Congress can challenge it in the courts, and the courts have the final say on the interpretation of the federal law. The courts are not bound by the DoJ’s interpretation of the federal law. In fact, that’s exactly what the Supreme Court said in their recent decision overturning _Chevron_ deference: the federal courts have final power to interpret federal laws, not the agencies or the DoJ, so the courts determine if a regulation is within the powers Congress has granted to a regulatory agency. Whether any of this is good _policy_ is another matter. (As an aside, I should mention that my views are coloured by the fact that this executive order is similar to how it works in the Canadian federal government. Regulations under statutes are enacted by the federal Cabinet. A regulatory agency or ministry must make the case to the Cabinet why the regulations are needed, and the Cabinet, composed of the PM and all the Cabinet ministers, has the final say. Cabinet can overrule a Minister’s request for regulations. Plus, the federal DoJ has the legal gate-keeper role: the ministry or regulatory agency must satisfy the DoJ that they do have the legal authority for the proposed regulation. Since the Attorney General is the legal adviser to Cabinet, if the DoJ doesn’t think a proposed regulation is authorised by the relevant statute, the AG will advise Cabinet accordingly, and Cabinet won’t pass it. Very simplified summary of a complicated multi-layered process, of course.) ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [February 19, 2025, 5:47pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/11 "2025-02-19T17:47:49Z")
> [@SenorBeef](#): > > Or you can have regulations for sale – if Walmart pays me, I’ll enforce regulations that are onerous to Amazon for example. There’s an incredible amount of evil they can do with it. They can weaponize regulations by only enforcing them against their enemies. This does feel like a pipeline for bribes to Trump and Bondi. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [February 19, 2025, 5:57pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/12 "2025-02-19T17:57:39Z")
If you are missing part, I think this is what you are missing - it’s not saying > Rather, it’s saying that the DoJ has a centralised power to interpret federal laws for all federal regulatory agencies. If a regulatory agency wants to pass a regulation, the DoJ has the final interpretation, within the executive branch, on whether the federal law authorises the proposed regulation. The federal agency must accept, within the executive branch, the interpretation of the federal law given by the DoJ. It says > The President and the Attorney General, subject to the President’s supervision and control, shall provide authoritative interpretations of law for the executive branch. The President and the Attorney General’s opinions on questions of law are controlling on all employees in the conduct of their official duties. No employee of the executive branch acting in their official capacity may advance an interpretation of the law as the position of the United States that contravenes the President or the Attorney General’s opinion on a matter of law, **including but not limited to the issuance of regulations, guidance, and positions advanced in litigation, unless authorized to do so by the President or in writing by the Attorney General** (emphasis added which apparently means that prosecutors in the DOJ are not to interpret the law and they are to advance any position in litigation that the President and/or AG directs. Which might not be so alarming if it wasn’t for what has happened with the Eric Adams case - and the possibility that this means the President and /or AG can decide Danielle Sassoon committed a crime by refusing to request that dismissal and no prosecutor can disagree. Which may be a matter of policy rather than a power grab, exactly - but it’s definitely alarming. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 19, 2025, 6:09pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/13 "2025-02-19T18:09:13Z")
Thank you for explaining that point. That is much more concerning than centralized control over the regulatory process. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [February 19, 2025, 6:10pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/14 "2025-02-19T18:10:29Z")
Also, it specifically includes agencies that were set up to be independent (from the administration) agencies by Congress. Now, the executive says, “we’re just going to ignore that your law says these are independent agencies”. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 19, 2025, 6:11pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/15 "2025-02-19T18:11:29Z")
But can congress create executive branch agencies that are independent of the executive branch? ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [February 19, 2025, 6:15pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/16 "2025-02-19T18:15:44Z")
Another one has arisen that has _some_ similarities to the Adams case. I’m not sure how the EO of this thread would/wouldn’t affect situations like this one, but I have the sneaking suspicion that it would, and not in a good way: > **[Supervisor in DC federal prosecutors' office told to resign after dispute...](https://apnews.com/article/justice-department-resignation-trump-ed-martin-d1241aebb546bda8ed16d62be2c51258)** > > A top supervisor in the federal prosecutors’ office in Washington said she was forced to resign following a dispute with her boss over a directive that she scrutinize the awarding of a government contract during the Biden administration, according to... Evidence? Make something up!! ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [February 19, 2025, 6:30pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/17 "2025-02-19T18:30:29Z")
My guess is that they can, at least for now , since the first was established in 1880 something and there was a Supreme Court case in the 1930s or 40s Court that allowed Congress to put limitations on the President’s authority to remove officers of certain agencies ( they usually have boards or commissions rather than a single head) Although they aren’t strictly speaking completely independent of the executive branch - the president still appoints the board or commission members. He just can’t remove them without cause. Which mean his influence on policies is limited. ---
**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\ **Post date:** [February 19, 2025, 6:55pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/18 "2025-02-19T18:55:09Z")
> [@DavidNRockies](#): > > Evidence? Make something up!! Or, as the prosecutor forced to resign wrote: > _Cheung said she “lacked the legal authority to issue such a letter” to the bank, telling Martin that the “ **quantum of evidence did not support that action.** ”_ Stranger ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 19, 2025, 7:47pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/19 "2025-02-19T19:47:53Z")
> [@doreen](#): > > the first was established in 1880 something and there was a Supreme Court case in the 1930s or 40s Court that allowed Congress to put limitations on the President’s authority to remove officers of certain agencies This dispute over the scope of the President’s power to dismiss executive branch officers dates back to the impeachment of Andrew Jackson and has never been definitively settled: \*1867 - _Tenure of Officers Act_ – passed by Congress to limit the President’s power to dismiss officers who have been confirmed by Congress in their position. When Jackson fired Stanton in defiance of the Act, it became one of the grounds for impeachment. \*1926 - _Myers_ case - Supreme Court held that President had unlimited power to dismiss employees of the executive branch. Chief Justice Taft in dicta said the _Tenure of Offices Act_ was unconstitutional. \*1935 - _Humphrey’s Executor_ case - Supreme Court held that Congress could put conditions on President’s ability to fire officers, such as termination for cause. Distinguished _Myers_. \*2020 - _Seila Law LLC_ - Supreme Court limited the effect of _Humphrey’s Executor_ to narrow types of executive agencies. My guess is that _Humphrey’s Executor_ will fall to the Unitary Executive theory. ---
**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\ **Post date:** [February 19, 2025, 7:55pm UTC](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508/20 "2025-02-19T19:55:36Z")
I believe you meant Andrew _Johnson_. /nitpick [Next page](https://boards.straightdope.com/t/new-executive-order-seizes-complete-control-of-all-regulatory-agencies-interpretation-of-law/1014508.md?page=2)