Steve Aftergood: CRS – Trump “Undo” Options

Ethics, Government
Steven Aftergood
Steven Aftergood

The steps that the incoming Trump Administration could take to revise or reverse policies of the Obama Administration are considered in several new publications from the Congressional Research Service.

  • “While the Constitution does not permit the President to single-handedly repeal or amend statutes, there is much that a new President can do to rapidly reverse the policies of a previous administration,” CRS explained. The ease of altering existing policies depends on how those policies were promulgated in the first place: by executive order, through agency policy statements, or through agency rules.

  • “The President can immediately revoke, modify, or supersede executive orders issued by a predecessor.”
  • “A new President can also immediately direct the heads of executive branch agencies to withdraw discretionary directives and guidance documents that were issued by an executive agency during a previous administration.” “Agency rules and regulations may also be repealed by a new administration; however, the repeal process can be time consuming and must comply with certain mandated procedures.”

With the Stroke of a Pen: What Executive Branch Actions Can President-elect Trump “Undo” on Day One?, CRS Legal Sidebar, November 22, 2016.

Can a New Administration Undo a Previous Administration’s Regulations?, CRS Insight, November 21, 2016

The Obama Administration’s 2014 Immigration Initiative: Looking Back at What the Obama Administration Has Done– and Ahead to the Trump Administration, CRS Legal Sidebar, November 22, 2016

“Major” Obama Administration Rules Potentially Eligible to be Overturned under the Congressional Review Act in the 115th Congress, CRS Memorandum, November 17, 2016