Independent Agencies and the Constitution
According
to the book about Constitutional law of which I read parts of tonight, the
three branches of government have different roles and responsibilities. The legislative
branch creates laws, the executive branch enforces them, and the judicial
branch decides individual cases and interprets law. Three reasons are provided
that President Trump’s executive order from the date of February 18th,
2025, regarding independent agencies is risky.
President Trump suggests moving
independent agencies to the executive branch because of lack of accountability. Since
the agencies were created by the legislative branch, they may be accountable to
the legislative branch. The order seems to imply that the independent agencies
would have more legitimacy if they were a part of the executive branch because
of the election of the President, however, the officials in the legislative
branch who created the agencies also won elections, which is also a source of
legitimacy.
Trump has a history of exploiting other
people. When claiming authority of agencies independent from the executive
branch, President Trump might not use this power to promote good for all
Americans or as many people as possible, but exploit this power for personal
gain.
An independent agency is not a part of the
executive branch. The word “independent” conjures the idea that the agencies
spontaneously appeared out of the air, which is not true, because the
legislative branch created the agencies. Since President Trump is the leader of
the executive branch of the US government, he should not have the power to end
the employment of leaders of agencies that are not part of the executive branch
of government.
In summary, the first point is that independent
agencies are accountable and legitimate because they were created by the legislative
branch. Second, since President Trump has exploited people in the past, he may
use new power to exploit people in the future. Third, independent agencies are
not part of the executive branch, and since President Trump is the leader of the
executive branch, he should not be able to end the employment of agency leaders
that are not a part of the executive branch.
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