The risky and decisions of president obama in the expansion of executive authority

On November 20, President Obama announced a plan - through an executive order - to protect millions of undocumented immigrants from deportation if they meet certain criteria.

The risky and decisions of president obama in the expansion of executive authority

By The White House [Public domain], via Wikimedia Commons Every nonprofit organization and nonprofit cause or mission that relies on federal regulation, executive orders, or other non-legislative approaches to implementation is at risk of profound change or elimination when Donald Trump takes office in January.

Is Obama overstepping his bounds with executive actions? - CBS News

Trump is exactly correct on one key point. On his first day as the 45th president of the United States, he can alter or revoke all executive orders, executive actions, and administrative decisions.

Trump can direct government agencies to cease enforcing regulations and stop pursuing federal lawsuits seeking to compel individuals, corporations, foundations, and state and local businesses to comply with federal law and regulation. Not surprising, given the decrease in bills passed by Congress from to Bush issued executive orders.

The reliance on regulations led to more than 81, pages in the Federal Register, the official daily digest of the national government, ineclipsing the 77, pages in and the previous record of 81, set in When President Obama met with President-elect Trump at the White House last Thursday, Obama was expected to make a pitch for Trump to keep at least some of his executive actions intact.

But as a part of this effective, smooth transition, President Obama will have an opportunity to talk to President-elect Trump about some of the benefits of these policies. A few examples include: Immigration—Trump can rescind the Deferred Action for Childhood Arrivals program, which provides a path to legal status for children 16 or younger who arrived in the U.

The risky and decisions of president obama in the expansion of executive authority

Sixty-three percent of this group population had applied as of Marchof whom 89 percent were approved. In a CBS 60 Minutes interview broadcast Sunday evening, Trump gave a strong indication of where his executive actions will focus initially: What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, where a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.

LGBT Rights—There are a variety of executive actions that expanded LGBT rights under the Obama administration, including protections against discrimination in housing and health care, as well as barring discrimination by federal contractors in their dealings with LGBT employees.

Inthe U. For-profit Colleges—Trump has already signaled support for ending administrative rules that make it more difficult for for-profit colleges to attract students relying on federal student loan support. It is also likely that the far larger Keystone XL pipeline project will receive more favorable administrative treatment.

However, Trump administration officials could immediately decide against efforts to support private insurance companies and state-based nonprofit health insurance cooperatives. Medicaid expansion could be materially affected through administrative changes in interpretation of waiver applications and state-based Medicaid practices, especially in states than elected not to expand Medicaid under the ACA.

An excise tax of 45 percent has been widely quoted, based on an example Trump made of what level of currency manipulation may be determined to be present.

Foreign Policy—Recent normalization of relations with Cuba could be in jeopardy, potentially jeopardizing future initiatives like the foundation grant to preserve a Hemingway residence. The Iran nuclear deal is just that—a deal, not a Senate-ratified treaty, so Trump is able to demand renegotiation or decide to cancel the agreement and reinstitute economic sanctions.

However, doing so may upset American Jews, who overwhelmingly expressed support for the agreement. There are risks in some or all of these potential executive actions the incoming Trump administration is poised to perform or is at least contemplating.

Many people, including nonprofit leaders, are unaware of how many perceived changes in law over the past several years were not, in fact, changes in law, but rather changes in far more vulnerable administrative rules.

The plea for continuity between administrations is reminiscent of the constitutional principle of stare decisiswhich encourages new legal decisions to be interpreted in the context of previous legal decisions, thereby promoting a gradual change in specific laws that is more likely to build respect for and obedience to the law in general.

The nation is learning that government by executive action, not supported by legislative approval, is as tentative as the electorate and as fleeting as each successive administration deems it should be. This almost overwhelming thought should serve as a call to carefully considered action.President Obama’s major decisions exhibited careful (and sometimes lengthy) policy deliberations in which advocates for contrasting policy options directly confronted their disagreements, and often each other, in front of the president.

In giving these powers legal sanction, the Obama administration, Congress, and the courts were trusting that presidents would exercise them wisely. That was a risky gamble. Going forward, it is not enough to ask whether Trump is obeying the law.

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