Congress created the first federal regulatory commission, the Interstate Commerce Commission, in 1887 to regulate railroads. Others followed during the Progressive Era and the New Deal, modeled on the idea that complex industries should be overseen by bipartisan panels of experts insulated from day-to-day politics. Today these commissions shape markets worth trillions of dollars.
This guide explains how commissions are built, what the major ones do, how they operate, and the fight over their independence.
Defenders of independent commissions say bipartisan membership, staggered terms, and expertise produce stable rules that businesses can rely on and protect markets from political manipulation. Supporters of presidential control say commissions exercise enormous executive power and should answer to an elected President, and that independence lets regulators escape accountability. After Slaughter, debate has turned to whether Congress should keep bipartisan membership rules, convert some commissions into single-headed agencies, or shift adjudication to independent courts.
In Humphrey's Executor v. United States in 1935, the Supreme Court allowed Congress to protect commissioners from removal except for cause. In early 2025 the President removed members of the FTC, NLRB, MSPB, and other bodies without cause and required independent agencies to submit major rules for White House review. On June 29, 2026, in Trump v. Slaughter, the Court overruled Humphrey's Executor, holding that the FTC's removal protection is unconstitutional, while treating the Federal Reserve as a special case. The ruling is expected to apply to most other commissions that exercise executive power.
Most commissions have three to seven members nominated by the President and confirmed by the Senate to staggered terms of four to seven years, so no single President can appoint them all at once. Statutes typically require that no more than a simple majority come from one party, and the President designates a chair, who controls the agenda and staff. Commissions vote on major decisions, and some are funded partly by fees from the industries they regulate.
The National Labor Relations Board, created in 1935, conducts union elections and decides unfair labor practice cases, and its policies often swing when the board's majority changes party. The Equal Employment Opportunity Commission enforces laws against workplace discrimination, and the Merit Systems Protection Board hears appeals from federal employees. In 2025 removals left several of these boards without a quorum for months, halting decisions until new members were confirmed.
The Federal Communications Commission, created in 1934, licenses broadcast spectrum and regulates telephone, cable, satellite, and internet services. The Federal Energy Regulatory Commission oversees interstate electricity transmission, natural gas pipelines, and wholesale power markets. The Nuclear Regulatory Commission licenses nuclear plants and materials. The Consumer Product Safety Commission sets safety standards and orders recalls, and the Surface Transportation Board and Federal Maritime Commission regulate railroads and ocean shipping.
The Securities and Exchange Commission, created in 1934 after the 1929 crash, requires public companies to disclose financial information, regulates exchanges and brokers, and enforces securities laws. The Commodity Futures Trading Commission oversees futures and derivatives markets, and both have claimed jurisdiction over parts of the cryptocurrency market. The Federal Trade Commission, created in 1914, enforces antitrust and consumer protection laws alongside the Justice Department.
See how commissions compare with departments in independent agencies vs. departments, follow the rulemaking process in how federal regulations are made, or explore the central bank in the Federal Reserve explained.