US President Donald Trump signed an executive order on Tuesday stating that only the “President and the Attorney General shall provide authoritative interpretations of the law for the executive branch.” The order covers all federal employees and agencies, including independent agencies operating under the executive branch of the US government. Historically, independent agencies exist outside the executive branch and are largely free of presidential control.

The Trump administration stated the purpose of the order was to “ensur[e] that all federal agencies are accountable to the American people, as required by the Constitution.” According to the administration, Article II of the US Constitution vests this power in the president. They pointed to Article II, Clause 1, which states, “executive power shall be vested in a President of the United States of America,” to support this interpretation.

However, Article II does not expressly state that the president or any other person in the executive branch has the power to interpret laws. The article states that the president is required to “take care that the laws be faithfully executed.”

Jurisdiction to interpret laws and determine constitutionality belongs to the judicial branch under Article III. The framers of the Constitution designed the separation of duties to prevent any single branch of government from becoming too powerful.

Under the order, all agencies will be required  to submit to “performance standards and management objectives” established by the Office of Management and Budget and “report periodically to the President.” Only the Federal Reserve System and the Federal Open Market Committee are exempted.

Challenges to the order are expected.