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Culture War Roundup for the week of February 17, 2025

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If the POTUS has the power to bootstrap the executive branch to dominating the other branches of government merely through an executive order, then that seems like a major loophole in the Constitution, which makes me think I'm missing something.

The thing you're missing is that Congress kept delegating rule-making authority to "independent agencies" under the executive, while also creating rules the executive branch had to follow while exercising the delegated authority. The fear from those who are concerned by this move is that Trump will keep the delegated rule-making authority, while ignoring the rules for exercising that delegated authority.

In theory, if Congress wanted to, they could seize power back with unvetoable majorities in the House and Senate, and remove both the delegated authority and the rules for exercising it. But with the split between MAGA and non-MAGA Republicans, and Democrats, that is unlikely to happen. So the end result is a massive power grab for the executive branch because of unwillingness to act on the part of Congress and the Courts.

The thing you're missing is that Congress kept delegating rule-making authority to "independent agencies" under the executive, while also creating rules the executive branch had to follow while exercising the delegated authority. The fear from those who are concerned by this move is that Trump will keep the delegated rule-making authority, while ignoring the rules for exercising that delegated authority.

I see, so the way you're describing it, it seems like it's the chickens coming home to roost. Definitely concerning. I can't say I blame him for doing this, though. It sounds like he just picked up a hundred dollar bill off the floor that all the other POTUSs before him just walked past, out of respect for norms or whatever. I see the OP's point now, though, that he's loading a weapon that his enemies could wield in the future. Perhaps he figures that that long-term downside risk is worth it for the power he'll get to wield in his final 4 years in office (and perhaps his life, given his age). Probably irresponsible for a party leader, but pretty in character for him, by my lights.

No this is all rather nonsensical. First, congress delegates to many agencies including non independent. The grants to both are governed by the same law and cover significant activity. Indeed many of the most relevant are not independent agencies though of course some are.

The only real difference between independent and dependent agencies is whether the president can remove people at the agencies at will. That’s it. There aren’t other special rules that those independent agencies have to abide by that dependent agencies do not. They all must abide by the APA. So if the President smashes independent agencies the only difference is who is making the decision; not the process for decision making.

Except that clearly the APA would still apply to the president. The believers of the independent executive need to argue what is different about the president having the power and the answer seems to be “there might be more change in regulations”

If the power was delegated to the executive branch, this is not a power grab for the executive branch. It is perhaps a "power grab" by one part of the executive branch (the President) from another (the independent agencies). The problem with this theory is that the Constitution does not contemplate a part of the executive branch independent of the President.