Action Letter
Reject the President’s Power to Override Courts:
The Democracy is at Risk
Contact your Senators and Representative—all at once, in one easy step:
📬 Use or personalize the Action Letter below, then click here to send it.
(Powered by Democracy.io, a nonpartisan tool by the Electronic Frontier Foundation.)
To contact the Office of the President, click here.
Subject: Urgent Concern Over Executive Order Undermining Judicial Authority
Dear [Recipient],
I am writing to express my deep concern over President Trump’s recent executive order, which asserts that only the president or the attorney general may issue official legal interpretations on behalf of the United States. This order, by concentrating interpretive legal authority within the executive branch, raises serious constitutional and democratic concerns.
The U.S. Constitution explicitly establishes a separation of powers to prevent any one branch from exercising unchecked control. Article III vests judicial power in the courts, making clear that the ultimate authority to interpret laws belongs to the judiciary—not the president or the attorney general. Marbury v. Madison (1803) reaffirmed this principle by establishing the doctrine of judicial review, ensuring that courts—not the executive branch—have the final say on legal matters.
By restricting legal interpretations to the executive branch, this order threatens the independence of the judiciary and risks undermining the very checks and balances that safeguard our democracy. It also raises concerns about the erosion of transparency and accountability within our government. Executive orders cannot override the Constitution, and an attempt to consolidate judicial oversight within the presidency must be met with firm opposition.
I urge you to take swift action in defense of our constitutional system. Specifically, I ask that you:
-
Publicly denounce this executive order as an overreach of executive power that undermines judicial independence.
-
Support or introduce legislation reaffirming that legal interpretation and review remain the purview of the judiciary.
-
Advocate for congressional oversight and, if necessary, legal challenges to ensure that this order does not set a dangerous precedent.
The Constitution belongs to all Americans, and its protections must not be weakened by executive overreach. This is a pivotal moment in our nation’s history, and I trust that you will stand firmly in defense of the rule of law.
I look forward to your response and to seeing Congress take decisive action on this matter. Thank you for your time and for your service to our country.
Sincerely,
[Your Name]
Subject: Urgent Concern Over Executive Order Undermining Judicial Authority
Dear President Trump,
I am writing to express my deep concern regarding your recent executive order issued on February 18, which asserts that only the president or the attorney general may issue official legal interpretations on behalf of the United States. This directive raises serious constitutional concerns by concentrating interpretive legal authority within the executive branch.
The U.S. Constitution establishes a clear separation of powers to prevent any one branch from exercising unchecked control. Article III vests judicial power in the courts, affirming that the ultimate authority to interpret laws rests with the judiciary—not the executive branch. The landmark Supreme Court case Marbury v. Madison (1803) reaffirmed this principle, ensuring that judicial review remains a cornerstone of our democracy.
Restricting legal interpretation to the executive branch threatens judicial independence and disrupts the system of checks and balances designed to uphold our constitutional framework. Such a move also raises concerns about transparency and accountability in government. Executive orders cannot override constitutional principles, and an attempt to centralize judicial oversight within the presidency sets a dangerous precedent.
I urge you to reconsider and rescind this order to uphold the Constitution’s foundational principles. Respect for judicial independence is essential to maintaining public trust in our government and preserving the rule of law.
Thank you for your time and attention to this critical matter.
Sincerely,
[Your Name]
Backgrounder
Reject the President’s Power to Override Courts: The Democracy is at Risk
Why This Matters for All Americans:
The Constitution was designed to protect all Americans—regardless of political affiliation—by ensuring that no single branch of government has unchecked power. This executive order isn’t just about one president or one administration; it sets a dangerous precedent that any future president, of any party, could exploit. If the executive branch alone can decide which laws to follow and what is constitutional, then the judiciary—the institution designed to protect our rights, uphold the rule of law, and check government power—becomes meaningless.
This is not about politics; it’s about preserving the separation of powers that defends every American’s freedoms. Whether you are conservative, liberal, independent, or disengaged from politics, this should concern you—because if one person can decide the law, then none of us are truly protected by it.
Backgrounder: Executive Order Undermines Judicial Authority: "Only the President or Attorney General Decide".
Introduction: Who Decides the Law? The Constitution and the Separation of Powers. The U.S. Constitution establishes a clear framework for how laws are created, interpreted, and enforced, ensuring that no single branch of government can unilaterally dictate legal authority. Under Article I, Congress has the power to make laws. Article II grants the president the authority to execute and enforce laws, but not to unilaterally interpret them. Article III vests the power to interpret laws in the judicial branch, stating that “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” This means that the ultimate authority to determine what the law means—and whether it is constitutional—rests with the judiciary, not the executive.
The Supreme Court affirmed this principle in Marbury v. Madison (1803), establishing the doctrine of judicial review, which holds that courts, not the president, have the final say on legal interpretations. Any attempt to centralize legal interpretation solely within the executive branch raises serious constitutional concerns, as it threatens to erode the balance of power that protects democratic governance.
On February 18, 2025, President Trump signed an executive order that strikes at the heart of our system of checks and balances. This order asserts that only the president or the attorney general can issue official legal interpretations on behalf of the United States, stating that “the President and the Attorney General’s opinions on questions of law are controlling on all employees in the conduct of their official duties.”[1]
This directive is part of a broader effort to centralize legal authority within the executive branch, extending White House influence over traditionally independent agencies such as the Federal Communications Commission, Federal Trade Commission, and Securities and Exchange Commission. By granting the president’s budget chief supervisory power over these agencies, the administration seeks to align their actions with White House policies, raising concerns about political interference in institutions designed to function with impartiality.[2]
Legal scholars warn that this order is likely to face significant constitutional challenges. The U.S. Constitution establishes a separation of powers, granting the judiciary—not the executive—the ultimate authority to interpret laws.[3] By restricting official legal interpretations to the president and the attorney general, the order could encroach upon judicial authority and undermine the foundational principle of checks and balances. Moreover, executive orders cannot override the Constitution or existing statutory law, and limiting legal interpretations in this way could diminish government transparency and accountability.[4]
This is a pivotal moment for our democracy. Every American should carefully assess the implications of this order and what it means for the future of our institutions. If we are to protect the rule of law and uphold our constitutional system, we must take all legal, political, and civic actions necessary to ensure that the balance of power remains intact.
Footnotes
Washington Times. Trump Signs Executive Order on Legal Interpretations. https://www.washingtontimes.com/news/2025/feb/18/trump-signs-executive-order-allowing-attorney-general-president-interp
AP News. White House Expands Control Over Independent Agencies. https://apnews.com/article/b3f13291374d91491a13f164b402f51b
U.S. National Archives. The U.S. Constitution: Article III. https://www.archives.gov/founding-docs/constitution-transcript
Federalist Society. Legal Review: The End of Independent Agencies? https://fedsoc.org/fedsoc-review/the-end-of-independent-agencies-restoring-presidential-control-of-the-executive-branch