FTC chief seeks to expand executive authority through little-used city statutes
Lina Khan, federal trade regulator and co-chair of Mayor-elect Zohran Mamdani’s transition committee, has made expanding the scope of executive power a central focus of her work reshaping city government.
A Maximalist Vision of Municipal Authority
Khan has stated she is “especially focused on things like: How do we make sure that we have a full accounting of all of the laws and authorities that the mayor can unilaterally deploy?” This focus on maximizing executive authority signals an administration committed to using every legal tool available to advance its policy agenda without unnecessary dependence on City Council approval.
What Laws Might Be Available?
NYC law contains numerous little-used statutes and administrative authorities that mayors can employ. Khan’s project involves identifying these provisions and determining how they might be weaponized for progressive policy goals. This could include expansive interpretation of existing authority rather than seeking new legislative powers.
Implications for Governance and Democratic Process
Maximizing executive authority means fewer decisions require City Council approval and public debate. While this approach can move policy quickly, it raises questions about the proper balance between mayoral power and legislative oversight.
The Labor Secretary as Strategic Advisor
Khan’s role reflects the incoming administration’s commitment to having serious thinkers focused on power expansion. Her FTC experience identifying corporate malfeasance through creative legal interpretation suggests similar approaches may be employed to expand mayoral authorities in urban governance.
What This Means for Major Policy Areas
Areas like labor standards, consumer protection, housing regulation, and business licensing could all see expanded mayoral authority deployed without requiring City Council action. The delivery worker protection agenda, for example, might be advanced through aggressive DCWP rule-making rather than waiting for new legislation.
Democratic Tensions
While efficiency in governance is valuable, maximizing executive authority without legislative input raises concerns about democratic accountability. The City Council, however imperfect, represents constituent districts and provides checks on mayoral power. Circumventing this body, even for worthy goals, may create long-term governance problems. Learn about executive power at Brookings Institution. Explore municipal governance at International City Management Association. Understand regulatory authority at Federal Trade Commission. Read about checks and balances at NYC Department of Investigation.
