President Donald Trump will be signing an executive order that will require federal agencies to evaluate their regulations for potential violations of the Constitution. This effort comes as part of the administration’s ongoing goal to reduce bureaucratic red tape. The order will mandate agencies to submit a list of regulations that could be unconstitutional or harmful to the Office of Management and Budget (OMB) within the next 60 days. The newly created Department of Government Efficiency (DOGE) will join the OMB’s Office of Information and Regulatory Affairs in spearheading this review process. After the initial inventory of regulations is gathered, the Office of Information and Regulatory Affairs will evaluate them on a case-by-case basis and begin the process of repealing any deemed unconstitutional.
This executive order is a response to recent Supreme Court rulings regarding federal agencies overstepping their authority with broad enforcement of regulations. The case of Sackett v. EPA, where a couple faced fines for planning to build on their property near federally protected land, was cited as an example of regulatory overreach. Supreme Court Justice Samuel Alito emphasized that the Clean Water Act applies only to specific types of bodies of water, not wetlands next to ditches. The upcoming executive order aims to prevent similar regulatory discrepancies by ensuring agencies comply with the Constitution and avoid unnecessarily penalizing American citizens for lawful activities on their properties.
The Trump administration’s push to reduce regulations has been ongoing, with previous efforts such as the mandate for agencies to eliminate ten regulations for every new one introduced. Trump has made deregulation a signature focus, calling it the “largest deregulation campaign in history.” During his first term, agencies were required to eliminate two regulations for each new one, resulting in a net reduction of five and a half regulations. The administration is emphasizing the need to streamline government processes, eliminate waste, fraud, and spending, and ultimately benefit the American people by reducing unnecessary regulatory burdens and ensuring agencies operate within Constitutional bounds.
The implementation of this executive order will involve close collaboration between the OMB’s Office of Information and Regulatory Affairs and the DOGE to assess regulations across agencies for potential constitutional violations. By requiring agencies to submit a list of regulations that could be deemed harmful or unconstitutional within a set timeframe, the administration aims to actively identify and address problematic regulations. By evaluating each regulation on an individual basis, the administration can ensure that only regulations that stand up to Constitutional scrutiny remain in effect, preventing government overreach and protecting the rights of citizens.
The Trump administration’s move to prioritize regulatory reform reflects a broader strategy to limit government intrusion, uphold Constitutional principles, and promote efficiency across federal agencies. By building on previous efforts to reduce regulations and cut down on bureaucratic red tape, the administration is working to create a more streamlined and effective government that prioritizes the needs and rights of the American people. Through targeted reviews of potentially unconstitutional regulations and a commitment to repealing those that do not meet Constitutional standards, the administration is taking proactive steps to safeguard individual liberties and ensure regulatory compliance within the federal government. This executive order represents a significant effort to uphold the rule of law, protect citizens’ rights, and promote a more efficient and accountable government.
