Protecting Democracy: The Risks of Unchecked Executive Power
An analysis of how a recent Executive Order could potentially undermine democratic institutions and the balance of power in the United States.
Weaponization of Independent Agencies
1
FTC
Could be used to target businesses aligned with political opponents
2
FCC
Potential for censorship and control of media outlets
3
SEC
Risk of selective enforcement against companies for political reasons
The Executive Order explicitly removes the "independence" of these agencies, making them directly subject to presidential control. This creates an uneven playing field and allows regulations to be used as political tools.
Centralized Law Interpretation
1
Consolidation
Legal interpretation consolidated within the Attorney General's office under presidential control
2
Manipulation
Potential for manipulation and ignoring agency expertise
3
Weakened Challenges
Legal challenges to executive actions may be weakened
This centralization is a significant departure from agencies having their own legal expertise and potentially differing (and therefore checkable) interpretations.
Budgetary Control as Coercion
1
1
OMB Power
Office of Management and Budget given control over agency budgets
2
2
Reward Loyalty
Ability to reward agencies that comply with presidential directives
3
3
Punish Dissent
Power to cut funding for agencies that resist or disagree
4
4
Coercion
Budget control becomes a tool for coercing agency compliance
This budgetary control is a standard way executives exert influence, and the Executive Order explicitly gives OMB this power over "independent agencies."
Setting Performance Standards for Political Goals
1
2
3
1
Political Compliance
Prioritized over effective public service
2
Distorted Missions
Agency priorities redirected towards political goals
3
White House Control
Performance standards set by the executive branch
White House control over performance standards allows for the re-direction of agency priorities towards political goals. This can distort the mission of agencies and prioritize political compliance over effective service to the public.
Erosion of Democratic Norms and Institutions
1
Weakening Checks and Balances
The Executive Order undermines the system of checks and balances essential to democracy
2
Silencing Dissent
Agencies may be pressured to conform to presidential directives, stifling independent voices
3
Authoritarian Culture
The order promotes a culture of loyalty to the executive over adherence to democratic principles
4
Weakening Public Trust
As institutions become politicized, public trust in government may erode
These are all logical consequences of the power consolidation described in the Executive Order.
Potential Impact on Military and Civil-Military Relations
Expansion of "Executive Power" Doctrine
The order's expansive interpretation of executive power could be used to justify greater presidential control over all aspects of the executive branch, including the military.
Appointments Based on Loyalty
There's a risk of prioritizing military leaders perceived as personally loyal and politically aligned, rather than solely based on professional competence and apolitical service.
Politicization of Military Orders
Legal justifications could be crafted to support politically motivated military deployments or actions that might previously have been considered outside the bounds of the military's apolitical role.
Erosion of Civilian-Military Norms
The order's philosophy could gradually erode the traditional norms that have ensured a healthy civil-military relationship in the US.
While this Executive Order doesn't represent an immediate military takeover, it establishes principles that could be used to gradually politicize the military and erode its apolitical stance over time.