Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative

Key claim: Executive Order 14219, issued by President Donald J. Trump on February 19, 2025, directs federal agencies to review existing regulations for consistency with law and Administration policy, identifying those that are unconstitutional, exceed statutory authority, or undermine the national interest. It requires deprioritizing enforcement of certain regulations and incorporating these criteria into new rulemaking as part of the Department of Government Efficiency deregulatory initiative. The order was published in the Federal Register on February 25, 2025, at 90 FR 10583.

Abstract

Presidential Documents 10583Federal Register / Vol. 90, No. 36 / Tuesday, February 25, 2025 / Presidential Documents Executive Order 14219 of February 19, 2025 Ensuring Lawful Governance and Implementing the Presi- dent’s ‘‘Department of Government Efficiency’’ Deregulatory Initiative By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Purpose. It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by constitutional Federal statutes, and to commence the deconstruction of the overbearing and burdensome administrative state. End- ing Federal overreach and restoring the constitutional separation of powers is a priority of my Administration. Sec. 2. Rescinding Unlawful Regulations and Regulations That Undermine the National Interest. (a) Agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations subject to their sole or joint jurisdiction for consistency with law and Administration policy. Within 60 days of the date of this order, agency heads shall, in consultation with the Attorney General as appropriate, identify the following classes of regula- tions: (i) unconstitutional regulations and regulations that raise serious constitu- tional difficulties, such as exceeding the scope of the power vested in the Federal Government by the Constitution; (ii) regulations that are based on unlawful delegations of legislative power; (iii) regulations that are based on anything other than the best reading of the underlying statutory authority or prohibition; (iv) regulations that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority; (v) regulations that impose significant costs upon private parties that are not outweighed by public benefits; (vi) regulations that harm the national interest by significantly and unjustifiably impeding technological innovation, infrastructure develop- ment, disaster response, inflation reduction, research and development, economic development, energy production, land use, and foreign policy objectives; and (vii) regulations that impose undue burdens on small business and impede private enterprise and entrepreneurship. (b) In conducting the review required by subsection (a) of this section, agencies shall pr

Why this matters

Executive Order 14219, issued by President Donald J. Trump on February 19, 2025, directs federal agencies to review existing regulations for consistency with law and Administration policy, identifying those that are unconstitutional, exceed statutory authority, or undermine the national interest. It requires deprioritizing enforcement of certain regulations and incorporating these criteria into new rulemaking as part of the Department of Government Efficiency deregulatory initiative. The order was published in the Federal Register on February 25, 2025, at 90 FR 10583.

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