Trump Can Reverse Obama’s Last-Minute Land Grab The White House is trying to lock up millions of acres, but no president can bind his successor. By Todd Gaziano and John Yoo

Posted By on January 2nd, 2017

http://www.wsj.com/articles/trump-can-reverse-obamas-last-minute-land-grab-1483142922

As he prepares to leave office in three weeks, President Obama is still trying to shape his legacy. On Dec. 20 the White House announced the withdrawal of millions of acres of Atlantic and Arctic territory from petroleum development. This week Mr. Obama proclaimed 1.35 million acres in Utah and 300,000 acres in Nevada to be new national monuments. But all the soon-to-be ex-president will prove is the fleeting nature of executive power.

These actions, like many others he has taken, are vulnerable to reversal by President-elect Trump. In our constitutional system, no policy can long endure without the cooperation of both the executive and legislative branches. Under Article I of the Constitution, only Congress can enact domestic statutes with any degree of permanence. And because of the Constitution’s separation of powers, no policy will survive for long without securing and retaining a consensus beyond a simple majority.

As president, Mr. Trump can easily reverse the most unwarranted and costly regulations issued in the last few months. Under the Congressional Review Act (CRA), a simple majority of each house may expeditiously disapprove such regulations, so long as the president signs the bill. A CRA disapproval would have the added virtue of automatically prohibiting any future, “substantially similar” rule without congressional action.

Mr. Trump can clear the way for Congress by halting all current rule-makings and ordering agencies to stop enforcing rules enacted in the last two years (or longer). After their defense of the administration’s refusal to enforce the immigration laws, liberals would have no legitimate grounds to oppose Mr. Trump’s temporary enforcement halt.

Mr. Obama’s unilateral actions, by executive order, proclamation or memoranda, are even more vulnerable. The courts have declared some void, including the immigration deportation orders. Mr. Trump can simply order the Justice Department to acquiesce in those decisions and save the public the trouble of litigating others. Mr. Obama taunted his political adversaries that if he didn’t get what he wanted from Congress, he would use his “pen” and “phone.” Those tools also work in reverse. CONTINUE AT SITE

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