President Donald Trump signed an executive order on stating that only the “President and the Attorney General shall provide authoritative interpretations of the law for the executive branch,” reported Jurist. The order covers all federal employees and agencies, including independent agencies operating under the executive branch of the US government. Historically, independent agencies exist outside the executive branch and are largely free of presidential control.
The Trump administration stated the purpose of the order was
to “ensur[e] that all federal agencies are accountable to the American people,
as required by the Constitution.” According to the administration, Article II
of the US Constitution vests this power in the president. They pointed to Article
II, Clause 1, which states, “executive power shall be vested in a President
of the United States of America,” to support this interpretation.
However, Article II does not expressly state that the
president or any other person in the executive branch has the power to
interpret laws. The article states that the president is required to “take care
that the laws be faithfully executed.”
Jurisdiction to interpret laws and determine
constitutionality belongs to the judicial branch under Article
III. The framers of the Constitution designed the separation
of duties to prevent any single branch of government from becoming too
powerful.
Under the order, all agencies will be required to
submit to “performance standards and management objectives” established by the
Office of Management and Budget and “report periodically to the President.”
Only the Federal Reserve System and the Federal Open Market Committee are
exempted.
Challenges to the order are expected.
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