Reducing Anti-Competitive Regulatory Barriers

Enumerated powers · passes

The President directs subordinate executive agencies to review regulations within their existing rulemaking authority and recommend rescission or modification. This is an exercise of executive supervision under Article II, Section 1 and the duty to take care that the laws be faithfully executed under Article II, Section 3. The Order claims no new legislative power, imposes no new mandate, and states in Section 4 that it does not impair authority granted by law and must be implemented consistent with applicable law.

Bill of Rights · passes

The Order restricts no speech, religion, press, assembly, or petition under the First Amendment; imposes no arms restriction under the Second Amendment; authorizes no search, seizure, or surveillance under the Fourth Amendment; and compels no testimony under the Fifth Amendment. It creates no criminal liability, trial procedure, punishment, or property seizure. It is a deregulatory review directive that expands rather than contracts liberty.

Individual liberty · passes

The Order removes rather than imposes restrictions on person, property, speech, labor, and enterprise. By targeting monopolies, barriers to entry, undue licensure requirements, and procurement burdens, it expands freedom to work, compete, and innovate. No individual liberty is conditioned, licensed, or burdened, so no additional government justification is required.

Decentralization · passes

Review and rescission of existing federal regulations can only be performed by the federal executive that issued them, so individual, local, and state actors cannot handle this task. The Order does not consolidate decision-making upward; it directs reduction of federal restraints on entry, licensure, procurement, and competition, moving economic decision-making downward to markets, individuals, and states consistent with the Tenth Amendment.

Due process and takings · passes

The Order adjudicates no person, denies no notice or hearing, creates no presumption of guilt, and takes no property under the Fifth Amendment Takings Clause. Section 3 requires interagency review, public input through request for information, consultation with the Attorney General and Chairman, and incorporation through lawful rulemaking processes. Section 4 expressly requires implementation consistent with applicable law, preserving procedural and substantive due process.