On Tuesday, U.S. President Donald Trump signed an executive order asserting that only the President and the Attorney General are authorised to provide authoritative interpretations of the law within the executive branch. This executive order applies to all federal employees and agencies, including independent agencies that function outside the direct control of the executive branch.
The purpose of the executive order, as stated by the Trump administration, is to ensure accountability of federal agencies to the American people, in line with the constitutional requirements. The administration referenced Article II of the U.S. Constitution, which vests executive power in the President, as the basis for the order. Specifically, Article II, Clause 1 asserts that “executive power shall be vested in a President of the United States of America.”
However, critics point out that Article II does not explicitly grant the President or anyone within the executive branch the authority to interpret laws. The clause simply mandates that the President must “take care that the laws be faithfully executed.” The power to interpret laws and determine their constitutionality is traditionally held by the judicial branch under Article III, which ensures a system of checks and balances to prevent any one branch of government from gaining too much power.
Under the executive order, all federal agencies will now be required to adhere to “performance standards and management objectives” set by the Office of Management and Budget, and must periodically report to the President. The Federal Reserve System and the Federal Open Market Committee, however, are excluded from this directive.
Legal challenges to this executive order are expected, as critics argue it may undermine the autonomy of independent agencies and infringe on the separation of powers established by the Constitution.
