By: Earnest Jones | 12-04-2016 | News
Photo credit: The Goldwater

The Congressional Review Act Could Allow Trump To Undo All of Obama’s Recently Passed Regulations

The out-going President Barack Obama has lately enacted numerous regulations that extend from consumer protection, environmental safety, and health care. However, he barely has the final word on the same, the President-elect Donald Trump could quickly terminate all the newly passed regulations by using his signature. This is made possible by a law that is rarely used that dates back in 1996 which gives Trump this power. The law has a kicker as well, for instance, if the law is used to strike down a rule, the federal agency responsible for issuing the rule is banned from endorsing similar directives in the future.

The Congressional Review Act is the obscure law that could eradicate the numerous regulations that Obama has enacted recently. The 1996 House Speaker Newt Gingrich helped in passing the Act 20 years ago, fortunately, Newt Gingrich is in Trumps transition team. The major regulations that federal agencies have enacted will be subject to review for 60 legislative days by the Congress, the regulations could also be overridden by Congress. However, the vote would not be subject to filibuster in the Senate. The president has the ability to veto the rejection and hence the law is often rendered toothless. The law is a powerful legislative weapon when one party controls both the Congress and the White House.

In the year 2001, the law was successfully used when the Republican Congress invoked the Law, the aim was to eliminate workplace safety regulations that had been embraced in the final term of Bill Clinton’s tenure as the President. Two months after his inauguration, President George W. Bush signed the repeal and this saw the elimination of ergonomics rules that had been imposed for 10 years.

The President-elect will be inaugurated on the 20th of January and after taking up office he will have a Republican controlled congress. Most Importantly, it’s worth noting that the Republican controlled congress has severally indicated its desire to eliminate what President Obama has previously enacted. Based on an analysis by George Washington University Regulatory Studies Center. Georgetown law Professor, Adam Levitin, the approximately 150 rules will have to be scrutinized, this will facilitate the retroactive application of election results and hence eliminate the recent regulations that Obama passed while in office.

Regulations such as environmental mandates which include limits on the use of formaldehyde, truck efficiency rules, food and drug administration ban on the sale of antibacterial soaps may also be eradicated. The payment of sick leaves by Federal contractors to their workers might also be removed. The consumer protection on prepaid debit cards might also be eliminated.

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