Presidential power over independent agencies

Summary

Marketplace Morning Report: Detailed Summary of "Presidential Power Over Independent Agencies"

Release Date: February 7, 2025
Host: Nova Safo
Host Segment Contributor: David Brancaccio
Podcast: Marketplace Morning Report by Marketplace

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1. Presidential Authority and Independent Agencies

The episode opens with Nova Safo addressing a pressing issue in contemporary politics: the extent of presidential power over independent agencies. The discussion centers on President Donald Trump's unprecedented removal of government officials from key regulatory bodies, sparking legal challenges and debates about constitutional boundaries.

Key Developments:

• Trump's Firings: President Trump has dismissed several members from independent agencies, including the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). Notably, Gwen Wilcox, a Democrat on the NLRB, was removed before her five-year term concluded—a first in the 90-year history of the bipartisan board. Similarly, Trump ousted two Democratic members from the EEOC.

• Legal Challenge: Gwen Wilcox has initiated a lawsuit against the Trump administration, questioning the legality of her removal. This case could potentially escalate to the Supreme Court, challenging longstanding precedents regarding presidential authority over independent commissions.

Expert Insights:

• Rachel See, Former Counsel at EEOC and NLRB (00:58):
  “I think the firings that we saw are an attempt to set up the Supreme Court to overrule a case from 1935 called Humphrey's Executor, which limited the power of the President to fire members of some independent commissions. I think conservative legal scholars have wanted the Supremes to overrule Humphrey’s for a while. There have been multiple attempts to get the Supreme Court to revisit it. And I think the firings that we're seeing will create excellent vehicles for the Supreme Court to take up that issue again.”

• David Driesen, Law Professor at Syracuse University (01:51):
  “A lot of the agencies that are independent are independent for extremely good reasons. In all functioning democracies have independent agencies in certain areas. A big one is the Federal Election Commission. Election commissions are independent or bipartisan in just about every functioning democracy or everyone I know of. Same thing with the Federal Reserve and other independent agencies. All good, well functioning governments recognize that you need to have independence for the central bank because they need to make careful, technocratic economic decisions.”

Analysis: The episode delves into the historical context and legal framework governing independent agencies. Rachel See highlights the strategic legal maneuvers aimed at reshaping judicial interpretations of presidential power, while David Driesen emphasizes the critical role of agency independence in maintaining balanced governance and technocratic decision-making.

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2. Unitary Executive Theory and International Relations

Transitioning from domestic policy, the report examines the application of the Unitary Executive Theory within the Trump administration and its implications for international relations, specifically concerning the Panama Canal.

Unitary Executive Theory:

• Definition: A constitutional theory advocating for broad presidential control over the executive branch, minimizing checks from independent agencies.

Key Development:

• Panama Canal Transit Fees: Secretary of State Marco Rubio retracts previous assertions that U.S. vessels could transit the Panama Canal without paying fees. This clarification addresses Panama's allegations against the U.S. for spreading misinformation and underscores ongoing tensions regarding the canal's operations.

Marco Rubio’s Statement (03:06):
“The United States has a treaty obligation to protect the Panama Canal if it comes under attack. That treaty obligation would have to be enforced by the armed forces of the United States, particularly the U.S. Navy. I find it absurd that we would have to pay fees to transit a zone that we are obligated to protect in a time of conflict. Those are our expectations. They were clear. They were clearly understood in those conversations. But I respect very much the fact that Panama has a process of laws and procedures that they need to follow as it relates to the Panamanian port, the Panamanian Canal authorities. We allow them to work through those processes.”

Analysis: The discussion underscores the administration's adherence to Unitary Executive Theory by asserting extensive control over foreign policy and military obligations. Rubio's stance reflects a commitment to national interests and treaty obligations, while navigating diplomatic protocols with Panama.

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3. Corporate Restructuring: Honeywell's Strategic Split

Shifting focus to the business sector, the episode highlights Honeywell International Inc.'s decision to divide into three separate companies. This move aims to streamline operations and capitalize on emerging opportunities within the aerospace industry.

Key Points:

• Corporate Split: Honeywell is set to emerge as three distinct entities, each focusing on specialized sectors such as aerospace, materials, and technology.

• Aerospace Focus: The new aerospace division is poised to benefit from the high demand and limited supply in the aviation sector, mirroring the successful spinoff of GE Aerospace in 2022.

Expert Opinions:

• Daniel Ackerman, Marketplace Reporter (04:37):
  “There's an element of deja vu to all this. Back in 2022, another conglomerate went through a breakup and GE spun off its aerospace division, which shot straight to the moon,” says Jared Harford.

• Jared Harford, Finance Professor at the University of Washington (04:52):
  “GE Aerospace, now as a standalone, is actually worth more than the combined entity was at the time of the spinoff.”

• Richard Safran, Aerospace Analyst at Seaport Research Partners (05:13):
  “Because the world is growing and more people are flying, and Airbus and Boeing are working to fill a huge backlog of new plane orders,” adds Safran.

• Robert Mann, Aviation Consultant (06:17):
  “This is a system that has not really recovered from the pandemic era. Some of the supply chain interruptions have been unfortunately very difficult to solve.”

Implications: The restructuring is strategically timed to leverage the burgeoning demand for airplane parts and maintenance services. Experts predict that Honeywell Aerospace could replicate GE Aerospace's success, driven by a surge in global air travel and the ensuing need for both new aircraft and the upkeep of existing fleets.

Notable Insights:

• Market Opportunity: With Airbus and Boeing facing significant backlogs, Honeywell Aerospace stands to gain substantially from supplying essential components and systems.

• Maintenance Demands: As airlines defer new plane deliveries, maintenance and replacement parts become critical, ensuring sustained business for Honeywell's new aerospace entity.

Final Thoughts: The episode concludes with an optimistic outlook on Honeywell's strategic move, suggesting that the aerospace division is well-positioned to thrive amid current market dynamics and supply chain challenges.

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Conclusion

This episode of the Marketplace Morning Report adeptly navigates complex themes ranging from executive power and legal battles to international diplomacy and corporate strategy. By incorporating expert analyses and direct quotations, the report provides listeners with a comprehensive understanding of the multifaceted issues shaping the business and political landscape.

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Note: The episode concludes with a promotional segment by David Brancaccio, which has been excluded from this summary as per instructions.

Transcript

[Nova Safo]

How much power should presidents have over independent agencies? For Marketplace, I'm novasafo. And for David Brancaccio. President Trump's firings of dozens of government officials have raised questions about whether or not those moves are legal. This week, one lawsuit is challenging the president's power over the various agencies set up by Congress to regulate all sorts of things from stock markets to telecommunications. Gwen Wilcox is suing the Trump administration for removing her from the National Labor Relations Board before her five year term expired. No president has done that before in the 90 year history of the bipartisan board. Last week, Trump also removed two members of the Equal Employment Opportunity Commission, all Democrats. The NLRB related lawsuit could pave the way for the Supreme Court to weigh in. And Rachel See, who previously served as counsel at the EEOC and the nlrb, says the stakes are high.

[Rachel See]

I think the firings that we saw are an attempt to set up the Supreme Court to overrule a case from 1935 called Humphrey's Executor, which limited the power of the President to fire members of some independent commissions. I think conservative legal scholars have wanted the Supremes to overrule Humphreys for a while. There's been multiple attempts to get the Supreme Court to revisit it. And I think the firings that we're seeing will create excellent vehicles for the Supreme Court to take up that issue again.

[Nova Safo]

See counts maybe 3 votes so far on the high court ready to overturn precedent. David Driesen thinks there are as many as six votes. He's a law professor at Syracuse University and has written critically of the idea of an executive with broad control over independent agencies.

[David Driesen]

A lot of the agencies that are independent are independent for extremely good reasons. In all functioning democracies have independent agencies in certain areas. A big one is the Federal Election Commission. Election commissions are independent or bipartisan in just about every functioning democracy or everyone I know of. Same thing with the Federal Reserve and other independent agencies. All good, well functioning governments recognize that you need to have independence for the central bank because they need to make careful, technocratic economic decisions.

[Nova Safo]

There is a conservative school of thought in support of the Trump administration's moves called unitary Executive theory. It dates back to the Reagan administration. We spoke with a key figure in advancing that theory. That interview on marketplace.org if you miss it on the air. To fee or not to fee. The latest on the Trump administration's focus on the Panama Canal has Secretary of State Marco Rubio walking back claims that there's an agreement in place which would allow US Government vessels to transit through the canal without paying fees. Panama's president accused the US of spreading lies. Now this from Rubio.

[Marco Rubio]

The United States has a treaty obligation to protect the Panama Canal if it comes under attack. That treaty obligation would have to be enforced by the armed forces of the United states, particularly the U.S. navy. I find it absurd that we would have to pay fees to transit a zone that we are obligated to protect in a time of conflict. Those are our expectations. They were clear. They were clearly understood in those conversations. But I respect very much the fact that Panama has a process of laws and procedures that they need to follow as it relates to the Panamanian port, the Panamanian Canal authorities. We allow them to work through those processes.

[Nova Safo]

Panama did announce that it's withdrawing from China's Belt and Road foreign aid program, which is aimed at infrastructure development. The US has been complaining about Chinese influence over Panama. Industrial giant Honeywell is splitting into three separate companies. The conglomerate makes everything from air purifiers to materials for bulletproof vests. One of the companies set to come out of the breakup will focus on aerospace equipment. Marketplace's Daniel Eckerman has more on whether the new firm will take off in the high demand, low supply aviation business.

[Daniel Ackerman]

There's an element of deja vu to all this. Back in 2022, another conglomerate went through a breakup and GE spun off its aerospace division, which shot straight to the moon, says Jared Harford, a finance professor at the University of Washington.

[Jared Harford]

GE Aerospace, now as a standalone, is actually worth more than the combined entity was at the time of the spinoff, Harford says.

[Daniel Ackerman]

Breaking up a big conglomerate that does lots of different things gives investors the.

[Jared Harford]

Ability to buy the thing they want without it being bundled to this other stuff.

[Daniel Ackerman]

And one thing investors want, says Richard Safran, an aerospace analyst at Seaport Research Partners, is airplane parts.

[Richard Safran]

Because the world is growing and more.

[Daniel Ackerman]

People are flying, and Airbus and Boeing are working to fill a huge backlog of new plane orders, says Safran. That's a golden opportunity for Honeywell, which supplies engine systems and cockpit displays. Meanwhile, as airlines wait for their new planes to arrive, they've got to keep the old ones up and running for longer.

[Richard Safran]

If you don't do the maintenance on your car, shame on you. But if you don't do the maintenance on an airplane, you go to jail, right? It's mandatory.

[Daniel Ackerman]

All that maintenance means replacement parts, more potential business for Honeywell Aerospace, business that GE Aerospace is already benefiting from. Plus, Safran says the company could be in line for a payday from the military.

[Richard Safran]

We're also, because of Trump 2.0, I think, on the verge of a major modernization effort in defense altogether.

[Daniel Ackerman]

Between the public and private sectors, the shortage of planes and plane parts isn't a new problem, says aviation consultant Robert Mann.

[Robert Mann]

This is a system that has not really recovered from the pandemic era. Some of the supply chain interruptions have been unfortunately, very difficult to solve.

[Daniel Ackerman]

But the shortage could bode well for Honeywell as it looks to replicate the success of GE Aerospace.

[Robert Mann]

Ultimately, air travel demand is very strong and far exceeds the ability of manufacturers to produce and airlines to operate equipment, mann says.

[Daniel Ackerman]

That means companies that can reliably make airplane parts should prepare for takeoff in the coming years. I'm Daniel Ackerman for Marketplace.

[Nova Safo]

And I'm Nova Safo with the Marketplace Morning Report from APM American Public Media.

[David Brancaccio]

Hi, it's David. We have an exciting offer for you. Now through Valentine's Day, you can show off your love of Marketplace by grabbing an Investor T shirt when you donate $5 a month. Invest in the nonprofit journalism you love and get a shirt to show off your support. Give [e-mail] donate.