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by dragonwriter 3503 days ago
> It does seem like it could be useful as a short term policy, if Congress can't find any way to agree on directly repealing unnecessary regulations.

Regulations are issued by the executive branch, not Congress (repealing regulations is actually done by issuing regulations specifying the regulations to be repealed, so the process for repeal is the same.)

Also, "a regulation" isn't a well-defined unit.

2 comments

Well, from reading a few articles, it seems like this has worked pretty well in Canada so far, so I think it's at least worth talking about. Gotta try to look for some positives here.
> Regulations are issued by the executive branch

Sounds like the meaning of the executive's order to 'repeal two for every one new' could be decided within the executive branch, then. And since everyone within the executive branch is responsible to the chief executive … maybe it could even work.

Is that true? Regulatory bodies get their authority from congressional legislation. Can a president unilaterally tell the bureaucracy to stop doing what they are mandated to do by law?
> Can a president unilaterally tell the bureaucracy to stop doing what they are mandated to do by law?

He can certainly try: http://www.npr.org/sections/thetwo-way/2014/11/20/365519963/...

In the general case, though, a lot of legislation gives the executive wide discretion as to the details of regulations, and so the president can direct his subordinates to change regulations however he wants, within what the law allows.

E.g. with a budget example the Congress might want to subsidise cantaloupe farms, and budget $100,000,000 for cantaloupe farmers, to be allocated 'as the Secretary of Agriculture may direct.' The president would be within his rights to order the Secretary of Agriculture to only allocate that money to cantaloupe farmers with a total net worth of under $1,000,000, or to give no more than $100,000 to any particular cantaloupe farmer, or (possibly — this one's a stretch) to prioritise farmers of the famed Golden Lucy cantaloupe before all others. But he can't direct that the money be spent on rutabaga farmers.

Similarly, if the Congress writes a law which gives the pertinent executive department some latitude, the President may order that department to exercise that latitude however he likes.

It could, my point is that it's not at all clear what the promise even means.