President Donald Trump signed an executive order on Tuesday declaring that only the President and the Attorney General are authorized to provide official legal interpretations for the executive branch. This directive applies to all federal employees and agencies, including independent entities that function within the executive branch but typically operate with autonomy.
The Trump administration framed the order as a move to ensure federal agencies’ accountability to the American public, as mandated by the Constitution. Citing Article II, Clause 1 of the US Constitution, which states that “executive power shall be vested in a President of the United States of America,” the administration justified the order as reinforcing presidential authority.
However, Article II does not explicitly grant the president or anyone else in the executive branch the power to interpret laws. Instead, it mandates that the president “take care that the laws be faithfully executed.” Legal interpretation and constitutional determination fall under the judicial branch‘s jurisdiction, as outlined in Article III, which was designed to prevent any branch from wielding excessive power.
The executive order will require agencies to follow “performance standards and management objectives” set by the Office of Management and Budget, and to report periodically to the President. Exempted from these requirements are the Federal Reserve and the Federal Open Market Committee.
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