Whatever can be done with
executive action can be undone by executive action.
That was one of the messages outgoing President Barack Obama had for
his successor, President-elect Donald Trump in an interview with NPR,
where Obama said, correctly, that “If he wants to reverse some of those
rules, that’s part of the democratic process. That’s, you know, why I
tell people to vote — because it turns out elections mean something.”
Trump
will be in the driver’s seat. Ironically, not so much action is
required by Congress. Which, really, is Obama’s fault, since he relied
on executive action so much during his tenure.
So, suddenly, upon assuming office, Trump could start immediately
rescinding controversial executive actions, whether Obama’s executive
amnesty for millions of illegal immigrants with U.S.-born children, or
his decision to close the Guantanamo Bay detention facility.
In total, Obama has issued 260 executive orders. Those could all be
rescinded on day one, as there is no legal requirement they be retained.
There’s also a bevy of regulations, including the 2009 Carbon
Endangerment Finding by the Environmental Protection Agency and its
corollaries, the new and existing power plant rules, that constituted
the agency’s expansive war on coal electricity.
There are labor regulations, including the overtime pay rule or the
persuader rule.
There was the Affirmatively Furthering Fair Housing rule that
conditioned the receipt of community development block grants on
municipalities making changes to local zoning along racial and income
guidelines.
Those could be rescinded by the agencies that issued them, through the
process under the Administrative Procedures Act, which could take a
couple of years. Best to get started right away.
There is also the Congressional Review Act (CRA), which gives Congress
the power to roll back with simple majorities regulations within 60
legislative days of being implemented. That goes back to June, and
according to the Heritage Foundation, includes “many dozens of major
rules [that] could be vulnerable to a CRA challenge. These include,
among others: Rules under the Dodd–Frank financial regulation law, Sick
leave for federal contractors, Offshore drilling rules, and Energy
mandates for home appliances.”
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