The bill, known as the Independent Regulatory Agency Analysis Act of 2012, would authorize the president to issue an executive order requiring independent regulatory agencies to submit significant proposed rules to the White House’s Office of Management and Budget (OMB) for review and approval. Article 2 of the Constitution empowers the president to oversee and manage agency action to “take care that the laws be faithfully executed” (the “unitary executive theory”) Congress implicitly authorizes this oversight when it delegates power to an executive agency rather than an independent agency (a theory popularized by Supreme Court Justice Elena Kagan) The president’s breadth of control over agency action depends on whether Congress has authorized such control, remained silent but left open…