Jimmy Kimmel is back on the air, but is the drama between President Donald Trump and the media over? Here is the latest on the Trump administration and its relationship with the Federal Communications Commission (FCC) and other independent agencies.

Trump Takes On Independent Government Agencies

President Trump has not been shy about wanting to assert more control over independent agencies such as the FCC. The president recently suggested that he would revoke the broadcasting licenses for television stations that do not portray him in a positive light. Critics of Trump say that he is overstepping the power of the executive branch by getting involved in these issues, potentially putting the right of free speech in danger.

FCC Chairman Brendan Carr made news on September 17 when he said that his agency would have "a lot of work" if stations that chose to air Kimmel did not respond to the late-night comedian's comments about the man who allegedly shot and killed conservative activist Charlie Kirk. The comments gained traction with Disney temporarily suspending Kimmel's show. The suspension lasted less than a week before uproar from the public caused Disney to reinstate the program.

The criticism about the infringement on free speech was not limited to voices from the Democratic Party. GOP Sen. Ted Cruz also said that it was a slippery slope to try to silence the media.

Congress created the FCC 91 years ago, an agency designed to be free of presidential influence. For example, there has never been a president in U.S. history who has fired an FCC commissioner. The Trump administration is trying to change historical precedent by making independent agencies such as the FCC fall under the control of the executive branch of the government. This goal is currently making its way through the court system under the concept of unitary executive theory.

Understanding the Concept of Unitary Executive Theory

The U.S. Supreme Court is set to hear a case in December, brought by the Trump administration as they seek to reverse the historic precedent that offers protection to agencies such as the FCC. The White House is setting the legal precedent that the president should have control over agencies such as the FCC by telling the courts that these groups have unlawfully infringed on the rights of the executive branch.

The concept of the unitary executive theory lies at the center of the court case. This theory states that the U.S. president is the sole owner of executive power. Under this theory, the president should be able to fire whom they see fit, in addition to making rules on a variety of issues, such as what television stations can put on the air.

There are a number of agencies similar to the FCC in how they interact with the executive branch. These include the Securities and Exchange Commission (SEC), the Federal Election Commission (FEC), and the National Credit Union Administration (NCUA). Democratic leaders are already criticizing Trump for overstepping his power by firing members of the NCUA in April.

Defenders of the president say that the executive branch should have the right to hold these independent agencies accountable. Voices with the Cato Institute and the Heritage Foundation point out that the executive power privilege would apply to whatever party was in office, advocating that the unitary executive theory is independent of party preferences.

Critics of the unitary executive theory say that the concept takes one part of the Constitution and overinflates it to the detriment of society. For example, Mitchel Sollenberger, a political science professor at the University of Michigan and author of the book "A Danger to Constitutional Government," said the theory ignores the system of checks and balances. Sollenberger said that the country flirts with a dictatorship by ignoring the system instilled in the Constitution.

How a Unitary Executive Would Impact the FCC

The big question now is how a unitary executive would impact the FCC. Political experts on both sides of the aisle agree that, should the Supreme Court rule in favor of Trump and the unitary executive, the president would have more power over the FCC. A decision in the president's favor would give him the power to fire the commissioners of all of these independent agencies.

However, defenders of the president point out that several American presidents have put pressure on agencies such as the FCC to make decisions adjacent with their agendas. The difference is that Trump has simply been more vocal about his wants, rather than doing it behind closed doors.

Judicial experts will continue to follow this case as it works up to the Supreme Court, as it will have significant implications on how Trump and future presidents are able to interact with these agencies.

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