Guaranteeing Fair Banking for All Americans

Enumerated powers · passes

President directs subordinate officers under Article II, Section 1 vesting of executive power and Article II, Section 3 duty to take care that the laws be faithfully executed, including cited statutes governing small business lending and equal credit opportunity. Federal banking supervision rests on Article I, Section 8, Clause 3 commerce authority and Clause 18 necessary and proper authority as applied to federally chartered and insured institutions. The order limits action to the greatest extent permitted by law and preserves required rulemaking procedures.

Bill of Rights · passes

Order protects First Amendment speech, religion, assembly, association and petition by directing that banking access not be denied because of protected beliefs, affiliations or political views, and by directing risk-based decisions. It imposes no restriction on speech, press, arms under the Second Amendment, quartering under the Third Amendment, search and seizure under the Fourth Amendment, or trial rights under the Fifth, Sixth, Seventh and Eighth Amendments. It does not infringe unenumerated rights under the Ninth Amendment or reserved powers under the Tenth Amendment. The prior flagging practices recounted in Section 1 raised First Amendment and Fourth Amendment concerns; this order directs regulators away from that approach.

Individual liberty · passes

Order expands individual control over person, property, labor, belief and association protected by the First Amendment and Fifth Amendment liberty and property interests. It bars adverse banking action based on political or religious belief or lawful business activity and directs restoration of accounts, loans and payment access. No new restriction on speech, belief, worship, work or lawful commerce is imposed; the burden remains on regulators and providers to justify adverse action on measurable risk.

Decentralization · passes

Under the Tenth Amendment, this action stays within the existing federal supervision of federally regulated lenders and does not create new federal control over state banking or general commerce. Individuals, counties and states cannot rewrite federal examiner guidance or direct federal supervisors; only federal authority can correct federal supervisory overreach. The order removes vague reputation-risk standards and returns decisions to individualized, objective criteria, reducing upward discretion rather than consolidating power.

Due process and takings · passes

No deprivation of life, liberty or property without due process under the Fifth Amendment Due Process Clause and no taking without just compensation under the Fifth Amendment Takings Clause. The order adds process: examiner guidance, review of regulations consistent with applicable law including notice-and-comment where required, identification of prior denials, notice to affected persons, and renewed opportunity to obtain services. Remediation restores access rather than seizing property.