Protecting American Investors From Foreign-Owned and Politically-Motivated Proxy Advisors

Enumerated powers · passes

Executive direction to SEC, FTC, and Labor to enforce and review existing federal statutes rests on Article II, Section 1 vesting of executive power and Article II, Section 3 duty to take care that laws be faithfully executed. Underlying statutes regulate interstate securities and pensions under Article I, Section 8, Clause 3 Commerce Clause and Clause 18 Necessary and Proper Clause. Order creates no new regulatory power beyond statutes passed by Congress and requires Administrative Procedure Act compliance.

Bill of Rights · passes

Order directs review, transparency, and enforcement against fraud and conflicts under existing securities laws. It does not ban speech, press, religion, assembly, or petition under First Amendment; does not restrict arms under Second Amendment; does not authorize searches or seizures under Fourth Amendment. Proxy advisors remain free to express views on diversity, equity, inclusion and environmental, social, governance factors, while clients remain free to accept or reject them. Any future rules must go through Administrative Procedure Act process.

Individual liberty · passes

No person is compelled to vote shares a certain way, to hold or sell securities, or to adopt or abandon beliefs about diversity or environmental policies under First Amendment and Ninth Amendment retained rights. Investors, funds, and advisors retain choice to follow or ignore proxy advice. Government burden is limited to policing fraud, disclosure failures, fiduciary breaches, and anticompetitive conduct, which are compelling constitutional justifications for narrow commercial regulation.

Decentralization · passes

Regulation of national securities markets, interstate proxy voting, ERISA pensions, and federal antitrust enforcement cannot be handled by individuals, counties, or single states without fragmentation. Tenth Amendment reserves other powers to states, but interstate commerce and national capital markets are minimum-necessary federal functions. Order does not create new federal preemption; it directs existing federal agencies to use existing federal statutes.

Due process and takings · passes

No fines, licenses revoked, property seized, or registrations imposed by this Order itself. Order expressly requires consistency with the Administrative Procedure Act, fair enforcement of anti-fraud provisions, and investigation and assessment steps under Fifth Amendment due process. No taking of private property for public use without just compensation. Any future SEC, FTC, or Labor rule must provide notice and opportunity to be heard.