American Democracy in 2025:  Expansion of Presidential Powers has Already Eroded the Independence of Federal Agencies. It May Get Worse.


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We’ve been reviewing our most important stories of 2025, and their implications for the future.  Expanded presidential powers, enabled by recent Supreme Court decisions, have eroded independent federal oversight of elections, voter data and campaign finance. It may get worse.

President Donald Trump has taken the position that he has absolute power over the personnel and actions of Congressionally-created independent federal agencies, a concept called the “unitary executive” theory.  While a president nominates heads of independent agencies, they are confirmed by the Senate, and by statute, can only be removed for QUOTE “inefficiency, neglect of duty, or malfeasance in office.”

Earlier this year, the President fired the chair of the Federal Election Commission Ellen Weintraub without cause, and by not nominating more commissioners, kept the agency from quorum, and oversight of federal elections and campaign finance rules.   He fired 17 “good government” inspectors general for federal agencies, with most positions kept vacant and others replaced with loyalists, further limiting oversight.   Trump’s March executive order on elections bypassed the bipartisan U.S. Election Assistance Commission to add a proof of citizenship requirement to the federal voter registration form, later blocked in court. 

The outlook is not good.  December 8th, during a challenge to the firing of an FTC commissioner, the high court’s conservative majority appeared ready to override the independence of those agencies and grant the president complete control.  That decision is expected sometime in early 2026. 

We have more at AmericanDemocracyMinute.org. I’m Brian Beihl. 

Today’s Links

Articles & Resources:

NPR – How Trump’s firings could upend a 90-year-old Supreme Court ruling limiting his power
The White House – PRESERVING AND PROTECTING THE INTEGRITY OF AMERICAN ELECTIONS
Brennan Center for Justice – Supreme Court Shadow Docket Tracker — Challenges to Trump Administration Actions
American Democracy Minute – Like the FEC, the FCC Could Get Taken Over by Partisan Actors Under Executive Order 14215, Potentially Tilting the Election Playing Field
Partnership for Public Service – President Trump’s firing of inspectors general threatens government accountability and efficiency
Campaign Legal Center – Protecting America’s Independent Agencies from Presidential Overreach (Trump v. Slaughter)
American Democracy Minute – How Much Power Does the President Have Over Independent Agencies?  Trump vs. Slaughter in the SCOTUS Tests the ‘Unitary Executive” Theory
SCOTUS Blog – Court seems likely to side with Trump on president’s power to fire FTC commissioner

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State


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