V1.3
About Our Broken Politics, Broken Media, Broken Republic
End of Independent Agencies
The Justice Department, FEC, FBI, NLRB, and other independent watchdogs would cease to exist as independent entities, becoming tools of presidential will.
This administration is promoting a constitutional theory called the Unitary Executive Theory in several cases that have been, or will soon be, decided by the Supreme Court. The theory proposes that since the Constitution requires that "Laws be faithfully executed," the president should have complete control over the Executive Branch.
Article 2, Section 2 of our Constitution defines the powers of the Executive Branch as vested in the President. Two important phrases are at the center of the debate:
"He shall nominate, and by and with the Advice and Consent of the Senate.....and all other Officers of the United States"
And
"but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
It is clear to most Constitutional scholars that the text clearly vests the power to appoint inferior officers to the Congress, unless otherwise, by Law, the Congress grants this power to the President.
Trump v. Slaughter
Trump is petitioning that Humphrey's Executor v. United States, upheld in court since 1935, be overturned.
The first independent agency was formed in 1887 with the establishment of the Interstate Commerce Commission (ICC). Before that time the railroad monopoly sucked the profit from any industry requiring transportation, such as coal and farm products. The wealth and power of railroad companies politically influenced regulations to the detriment of all other business concerns.
Subsequently, many other independent agencies were established with the singular purpose of isolating agencies from short-term political influence.
If Humphrey's Executor v. United States were to be overturned, the results would be a catastrophic return to the disruptive "spoils system" of political patronage, favoritism, and lobbying influence (that is bad enough the way it is). If ruled in Trump's favor, the President would be granted full executive power over independent agencies, established by Law and upheld in Supreme Court cases since 1935.
Current State of Independent Agencies
Our Founding Fathers recognized that the Executive branch would have overwhelming power over the other branches if not limited by Law, hence "Congress may by Law vest" appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
In other words, this is how and why our Congress established independent agencies with specific mandates to regulate, and to legislate, and to judge, without the expedient, political motives of a president.
The FEC Has No Quorum
The resignations and a firing have left the FEC without the quorum required by law to conduct business. With the mid-terms approaching, we are now blinded as to who is buying the election. These positions remain empty as of November 2025:
- Sean Cooksey (R) resigned January 2025
- Ellen Weintraub (D) was fired by Trump February 6, 2025 (she disputes legality)
- Allen Dickerson (R) resigned effective April 30, 2025
- James E. "Trey" Trainor III (R) resigned effective October 4, 2025
The FCC is Dysfunctional
The FCC mandate is to regulate communications and to protect free speech.
The FCC is mandated by law to have five commissioners. As of November 2025, however, the FCC has three. The administration has taken no steps to correct this problem and is instead using the FCC and baseless lawsuits to bully media outlets into toeing the line for the administration. This is not free speech; it is propaganda.
Discharged Inspector Generals
In January 2025, President Trump fired 18 inspectors general from various federal agencies. Inspector Generals are responsible for investigating and reporting fraud and waste in their respective agencies. Instead, Trump inserted DOGE, a cadre of persons of unknown provenance and motives. These Inspector General positions remain empty as of November 2025. This was the largest mass firing of IGs since the post-Watergate IG system was created in 1978.
The Inspector General Act, passed with strong Republican support and strengthened in 2022 with bipartisan amendments, requires 30-day notice to Congress before firing IGs. This requirement wasn't followed.
"The 30 day detailed notice of removal that the law demands was not provided to Congress." - Sen. Chuck Grassley (R-Iowa), Chair of Senate Judiciary Committee.
Limited government requires accountability. Inspectors General are the internal watchdogs that ensure government operates efficiently. Removing them doesn't shrink government—it allows waste, fraud, and abuse to proliferate unchecked.
Put Together:
With full power over independent agencies such as the FCC and the FEC, this and future presidents would control the media and our electoral system.
With the power to impound or transfer appropriations made by Congress, this and future presidents would control the purse strings and our economy.
With the power to use the National Emergencies Act without the consent of Congress (as he has done), this and future presidents would merge civilian policing with the military.
These are the very powers that dictators like Vladimir Putin and Xi Jinping possess.
Summary
Every American, whether liberal or conservative, should be concerned about recent court cases and actions by the Trump administration.
If given the powers of a Unitary Executive, we are all at risk. So far, our courts have blocked his attempts to use this power, but the Supreme Court, loaded with his appointments, seems poised to grant him this power.
Related Resources:
Destruction of Professional Civil Service
Return to the Spoils System
Loss of Congressional Power of the Purse
The Political Civil Service
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