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Will Trump roll back Obama’s “administrative state”?

Wednesday, November 23, 2016 8:10
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(Before It's News)

(From Fox News)

Many lawyers assume that, to reverse Obama-era policies, President Trump will have to use the same unlawful mechanisms as his predecessor. From this perspective, he can overturn the administrative interpretation that creates the Clean Power Plan only by issuing new administrative interpretation, and he can reverse the administrative guidance that suppresses campus speech only by issuing additional guidance.

If he takes this path, without addressing the unlawful means of lawmaking, he will merely slow the administrative tide–without preventing it from flooding back when he leaves office.

But if he goes beyond policy reversals and actually dismantles the mechanisms of administrative power, his presidency will be transformative.

Trump therefore should seize the opportunity to return the United States to its constitutional pathways of power. Most basically, he should require agencies, one by one, to submit their existing rules to Congress, so they can be adopted as statutes. And he should require congressional enactment of any future agency rules.

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