What Trump Can and Can’t Do on Day One

1 month ago
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The scope of what a president can and cannot do on their first day in office is defined by the powers granted to the executive branch by the Constitution and laws of the United States. Here’s an outline of what a president like Donald Trump—or any incoming president—might realistically do on "Day One":

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### **What a President *Can* Do on Day One**
1. **Issue Executive Orders**
- The president can sign executive orders immediately to direct federal agencies or implement certain policies. However, these cannot override laws passed by Congress.
- Example: Trump could reinstate or rescind executive orders from the prior administration, as he did in 2017, targeting regulations, the travel ban, or environmental policies.

2. **Reverse Certain Federal Policies**
- The president can direct agencies to stop enforcing particular rules or regulations, though the process for formally undoing regulations is lengthy.

3. **Take Administrative Actions**
- Actions such as pausing deportations or directing changes in agency priorities can happen quickly, as they don’t require congressional approval.

4. **Make Appointments**
- High-ranking positions that do not require Senate confirmation can be filled immediately (e.g., White House Chief of Staff, Press Secretary).
- Cabinet nominees require Senate confirmation but can be announced on Day One.

5. **Engage in Diplomacy**
- The president can begin communicating with foreign leaders or issue statements on foreign policy shifts, signaling changes in the U.S. stance on global issues.

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### **What a President *Cannot* Do on Day One**
1. **Enact or Repeal Laws**
- Only Congress can legislate. The president can advocate for legislation, but immediate action requires collaboration with Congress.

2. **Override the Constitution or Supreme Court Decisions**
- Presidential powers are limited by constitutional checks and balances. For example, reversing decisions like *Roe v. Wade* or *Obergefell v. Hodges* would require constitutional amendments or court challenges.

3. **Implement Major Policy Changes That Require Rulemaking**
- Changes to federal regulations (e.g., environmental standards, labor rules) must go through a formal rulemaking process, which can take months or years.

4. **Control State Governments**
- The president has no direct authority over state governments' policies (e.g., abortion laws, education policies). Federalism limits presidential power in this regard.

5. **Unilaterally Change the Budget**
- Federal spending is determined by Congress through the appropriations process. The president can propose changes but cannot act independently.

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### **Potential Impact of “Day One” Actions**
While symbolic actions on Day One can set the tone for an administration, lasting policy changes typically require time, collaboration with Congress, and adherence to legal processes. Trump's first term demonstrated a mix of rapid executive actions, coupled with challenges in achieving legislative goals.

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