Barack Obama, Donald Trump, Elections, Executive Action, Issues, The White House

Live by executive action, die by executive action

6

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.”

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.

Image Credit: Pete Souza Public Domain

Image Credit: Pete Souza Public Domain

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 Those could all be rescinded on day one, as there is no legal requirement they be retained.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Those could be rescinded by the agencies that issued them, through the process under the Administrative Procedures Act, which could take a couple of years.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.”

It would also include a bevy of midnight regulations now being implemented at lightning speed, said to cost $6 billion.

Then there is Obama’s executive action to indefinitely seal off much of the outer continental shelf in the Atlantic and Arctic Oceans from oil and gas drilling. Obama officials are bragging that this is one action that cannot be undone by executive action, although there is a clear process under the law for issuing new offshore drilling leases.

But even if an attempt to undo Obama’s action to block drilling via executive action got caught up in federal court, Congress could always just defund it or pass new legislation repealing the provision he invoked.

Speaking of which, Congress could always defund, or prohibit the use of funds to implement regulations and any other executive action. So, where all else fails — if for example litigants manage to preserve certain regulations and other actions via federal court mandates — there is always the budget and the power of the purse where Congress can intervene.

With that in mind, Congress could act preemptively, and defund what it can in the April continuing resolution, particularly controversial items the left is likely to sue over, to strengthen the President’s hand.

A lot can be done to undo Obama’s legacy, and 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.

If Trump washes away Obama’s legacy, ending implementation of a scores of Obama executive orders, actions and regulations, they will be wiped away like a dry erase board—and Obama will have nobody to blame but himself for acting unilaterally to begin with.

This is a guest post by Robert Romano senior editor of Americans for Limited Government.
  • Trump should endeavor to undo as much of obumas “Legacy” as possible. He should start by blocking the influx of muslims into this country, they are taking over, and we do not want another civil war do we? Trump should basically undo obumas entire eight years and start anew!!!

    • missinger

      He has to get rid of the Muslims that are here They are enemy combatants and terrorists Trump has to do this or there was no reason for him to run

  • BonLovesFreedom

    Wave good-bye to crybaby dinglebarry, then implement the Congressional Review Act, abolish the EPA, and rescind all of dinglebarry’s “EO’s”. Abolish the worthless TSA and many other alphabet agencies – then take the billions in savings and apply it toward social security and veterans. Good grief, what a huge mess dinglebarry has perpetrated upon Americans and left for Mr Trump to clean up.
    MERRY CHRISTMAS AMERICA!

  • wellilltellya

    I still say step one is GOT TO BE, UNITE AMERICA that will ” make America GREAT” starts there ? enough with this group wanting this, that GROUP want THAT ?? enough! whats wrong with what is good for the MAJORITY is good for ALL OF US ? not giving “SPECIAL RIGHTS” to some of the population, that cannot seem to get along with the rest of AMERICA unless they get warfare on the streets of AMERICA ?who would support one group above all others ? the GREAT DIVIDER barry the foreigner ! his strategy AMERICANS AGAINST AMERICANS ? don’t believe me just LOOK AROUND then tell me what kind of PERSON DOES THAT

  • believe

    Obama’s 8 years should be written in sand by the sea. and wait for the tide to wash them to the bottom of the OCEAN.
    HE WAS THE WORST HUMAN EVER SET IN THE OVAL OFFICE. O wait the Bush’s,Cheney, Kerry, and there regimes also belong to the low end if the TOTEM POLE/
    There all murder’s liars and thieves and traitors.They all have WARRANTS FROM OTHERS FOR MURDER. AND IF THEY CATCH THEM OUT OF AMERICA THEY WILL BE MURDERED LIKE THEY DID TO INNOCENT PEOPLE INCLUDING CHILDREN. THEY ALSO ARE BEING INVESTIGATED FOR 9-11
    THEY BALL BELONG TO SKULL AND BONES A CULT THAT ARE SATANIC WORSHIPERS.
    LOOK IT UP.GO HERE ,READ WHO HAS BEEN CHOOSING WHO SETS IN THE OVAL OFFICE UNTIL THIS ELECTION AND THAT IS BECAUSE PEOPLE FOUND OUT.
    AND THEY KNOW THERE WILL BE A WAR AGAINST THEM.
    http://rense.com/general58/suspre.com

    go you tube pull up 9-11

  • missinger

    The intention of everthing Obama did was to reward immigrants and hurt Americans. This climate deal is nonsense a way to control business and drive more out of the country

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