Fact Sheet: President Donald J. Trump Reins in Government Overreach and Begins Deconstruction of Unconstitutional Administrative State
TLDR
The referenced executive order establishes a 60-day regulatory review process requiring agency heads to evaluate all regulations under their jurisdiction. It focuses on potentially unconstitutional rules, those exceeding federal authority, regulations where costs outweigh benefits, and measures impeding innovation or economic growth. Agency heads must coordinate with DOGE Team Leads and OMB, with enforcement discretion allowing de-prioritization of regulations not explicitly authorized by statute. The order exempts military, national security, homeland security, immigration, and internal executive branch management matters.
This is a “fact” sheet for the referenced executive order that establishes a sweeping regulatory review process which fundamentally alters federal regulatory enforcement. Within 60 days, agency heads must review all regulations under their jurisdiction.
Review Process
The order mandates a comprehensive regulatory review focusing on:
- Potentially unconstitutional regulations
- Rules exceeding federal authority
- Regulations with costs outweighing benefits
- Measures impeding technological innovation or economic growth
DOGE Team Integration
Agency heads must coordinate with DOGE Team Leads and OMB to:
- Review existing regulations
- Evaluate new regulatory proposals
- Develop rescission recommendations
Enforcement Implications
The order’s enforcement discretion policy represents a significant shift in regulatory approach. It allows agencies to de-prioritize enforcement of regulations not explicitly authorized by statute, potentially weakening existing regulatory frameworks.
Constitutional Considerations
The order raises several constitutional questions:
- Shifts substantial power from agencies to White House control
- Creates potential conflicts with existing administrative law
- May face legal challenges regarding enforcement action termination
Exclusions
The order specifically exempts:
- Military and national security matters
- Homeland security functions
- Immigration-related functions
- Internal executive branch management
The fact sheet’s claims about the Biden Administration’s “$1.7 trillion in costs” should be viewed within the context of this order’s broad deregulatory agenda. The 60-day timeline for comprehensive regulatory review appears ambitious given the scope and complexity of federal regulations.
The order’s implementation could significantly reduce regulatory oversight across multiple sectors while potentially facing substantial legal and administrative challenges.
ENSURING LAWFUL ENFORCEMENT:
Today, President Donald J. Trump signed an Executive Order ensuring lawful governance and implementing the President’s Department of Government Efficiency (DOGE) deregulatory initiative. The Executive Order will end Federal overreach in regulation and enforcement and restore the constitutional separation of powers:
- Agency heads shall, in coordination with their DOGE team leads and the Office of Management and Budget (OMB), review all regulations subject to their jurisdiction for consistency with law and Trump Administration policy, prioritizing rules that impose heavy costs.
- A Unified Agenda will be developed to rescind and/or modify regulations that are inconsistent with law or the Trump Administration’s policy.
- Agencies shall utilize enforcement discretion to de-prioritize enforcement actions that stretch statutory authority or exceed the constitutional powers of the Federal Government.
- The Order exempts, among other things, any action respecting a military, national security, homeland security, foreign affairs, or immigration-related function of the United States.
ELIMINATING UNLAWFUL REGULATIONS AND ENFORCEMENT:
The accumulation of federal regulations and their burdensome enforcement, including legally suspect regulations, has stifled economic growth and constrained Americans’ freedom.
- The Biden Administration imposed a historic $1.7 trillion in costs on the American people.
- This Executive Order stops and reverses the regulatory overreach and abusive enforcement, ensuring that the operation of the government is responsible, lawful, and efficient.
BUILDING ON PAST SUCCESS:
President Trump’s first term was the most successful deregulatory undertaking in American history. This Executive Order builds on these foundations and furthers the deregulatory project to improve the daily lives of the American people and unleash a new Golden Age of America.