The President's Power: Rescinding Laws

The President of the United States has the power to rescind laws, as seen in the example of the rescission of harmful executive orders and actions by the Biden administration. The Director of the DPC and the Director of the NEC were instructed to submit a list of orders, memoranda, and proclamations from the previous administration that should be rescinded. This process of rescinding laws is done through executive orders, which are legally binding directives issued by the President.

Rescinding executive orders

On January 20, 2025, President Trump signed Executive Order 14148, "Initial Rescissions of Harmful Executive Orders and Actions", which revoked several executive orders enacted during the Biden administration. The order explicitly rescinded 68 executive orders and 11 presidential memoranda from the Biden Administration, with a focus on rescinding diversity, equity, and inclusion (DEI) policies, specific climate and environmental regulations, and certain border policies.

The executive order also directed the heads of federal agencies to "take immediate steps to end Federal implementation of unlawful and radical DEI ideology", and ordered the Director of the Domestic Policy Council (DPC) and the Director of the National Economic Council (NEC) to review all Federal Government actions taken in accordance with the rescinded orders, and to take the necessary steps to rescind, replace, or amend such actions. Within 45 days of the date of the order, the DPC and NEC Directors were to submit to the President a list of additional orders, memoranda, and proclamations issued by the prior administration that should be rescinded, along with a list of replacement orders.

Some of the executive orders revoked by President Trump's Executive Order 14148 include:

• Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government)
• Executive Order 13990 of January 20, 2021 (Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis)
• Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad)
• Executive Order 14015 of February 14, 2021 (Establishment of the White House Office of Faith-Based and Neighborhood Partnerships)
• Executive Order 14020 of March 8, 2021 (Establishment of the White House Gender Policy Council)

Presidential power

Executive orders are a powerful tool for presidents to implement their policies and direct government agencies without requiring congressional approval. These orders can have a significant impact on various aspects of governance, from national security to environmental policies. However, it's important to note that a president can only rescind executive orders issued by their predecessors and not laws passed by Congress.

For instance, in 2025, the White House published a list of initial rescissions of harmful executive orders, aiming to undo the actions of the previous administration. This included Executive Order 14004, which enabled all qualified Americans to serve their country in uniform, and Executive Order 14006, which aimed to reform the incarceration system by eliminating the use of privately operated criminal detention facilities.

The president's power to rescind executive orders allows them to shape the direction of the country and fulfill their campaign promises. It provides a mechanism to reverse policies they disagree with or believe are detrimental to the nation. However, this power is limited to executive orders and does not extend to laws enacted by Congress, which can only be changed through the legislative process.

In conclusion, while the president has the authority to rescind executive orders, their ability to shape legislation is a collaborative process with Congress. The president's power to influence policy is a key aspect of their role, and their decisions can have far-reaching consequences for the country. Understanding the limits and potential of presidential power is crucial for effective governance and upholding the checks and balances within the US political system.

National security

While the US President does not have the power to rescind laws, they can issue and rescind executive orders. Executive orders are directives issued by the President to federal agencies, and they have the effect of law. They are used to direct officers in the executive branch of how to use their discretion when enforcing laws.

In the interest of national security, President Donald J. Trump has issued and rescinded several executive orders. On March 28, 2025, Trump signed an executive order to end collective bargaining with federal unions in agencies with national security missions. The agencies included the National Defense, Department of Defense, Department of Veterans Affairs, the National Science Foundation, and Coast Guard. Trump argued that federal unions obstructed agency management and prevented policies from being implemented, thus hindering the protection of America's national security.

Trump has also revoked security clearances and access to classified information from specified individuals, including former Vice President Kamala Harris, former Secretary of State Hillary Clinton, former President Joe Biden, and several members of the Biden administration and Republican critics. This action was justified on the grounds that it was no longer in the national interest for these individuals to access such information.

Additionally, Trump has rescinded several executive orders issued by the previous administration, which he deemed harmful to American prosperity and values. These included orders related to diversity and inclusion initiatives, border control, environmental justice, and educational equity.

Climate change

While the US President can rescind executive orders and laws, their ability to do so is limited by the Constitution and the laws of the United States of America. On January 20, 2025, President Trump issued Executive Order 14148, rescinding seventy-eight of President Biden's executive orders, including those related to climate change. Trump's order stated that "climate extremism has exploded inflation and overburdened businesses with regulation".

Specifically, Trump's Executive Order 14148 rescinded the following climate-related executive orders:

• Executive Order 13990 (Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis)
• Executive Order 14008 (Tackling the Climate Crisis at Home and Abroad)
• Executive Order 14013 (Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration)
• Executive Order 14027 (Establishment of the Climate Change Support Office)

In addition, Trump's administration has taken other actions that weaken or repeal pollution limits, such as reconsidering the official finding that greenhouse gases are harmful to public health. This move threatens to undermine the foundation of US climate laws. The administration has also halted $20 billion in grants intended to address the climate crisis and has promised further environmental rollbacks.

On the other hand, President Biden has also issued executive orders related to climate change, such as Executive Order 14027 (Establishment of the Climate Change Support Office) and Executive Order 14008 (Tackling the Climate Crisis at Home and Abroad). Furthermore, Biden's administration has emphasized the importance of protecting the environment while growing the economy, stating that the US should play a leadership role in global efforts.

Voting access

While the US President can issue executive orders to direct federal agencies to facilitate voter registration and voter education, they cannot rescind laws. The US Constitution specifies that Congress and the states can set the rules for elections, not the President.

Presidents can direct executive agencies to produce reports and prioritize certain tasks. They can impact the lives of members of the military, federal workforce, and federal inmates. However, most of the real reforms that improve voting outcomes need to be implemented through legislation at the state or federal level.

For example, President Biden's Executive Order on Promoting Access to Voting directs federal agencies to assist states in expanding voter registration opportunities, orders improvements and modernization of Vote.gov, increases federal employees' access to voting, and calls for reports analyzing barriers to voting for people with disabilities. The order also increases voting access for active-duty military and overseas voters, provides voting access and education to citizens in federal custody, and establishes a Native American voting rights steering group.

On the other hand, President Trump has been accused of issuing an anti-voter executive order that attempts to seize the power to set voter registration rules from Congress and the states. The order directs the Election Assistance Commission to require voters to show a passport or other citizenship documentation to register to vote in federal elections. This could disenfranchise millions of eligible voters, particularly voters of color, women voters, naturalized citizens, voters with disabilities, voters with low incomes, and first-time voters. The American Civil Liberties Union (ACLU) and other voting rights organizations have filed lawsuits to block the order as an unconstitutional power grab.

In conclusion, while US Presidents can issue executive orders to direct federal agencies to facilitate voter registration and education, they cannot rescind laws related to voting access. Any reforms to improve voting outcomes need to be implemented through legislation at the state or federal level, with Congress and the states having the power to set the rules for elections.

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