- [Reporter] President-elect
Donald Trump has promised to do a lot in his second term. - Starting on day one,
we will end inflation. We have to do the tariffs. The largest deportation operation in the history of our country. - [Reporter] But not all of
Trump's policy goals are doable

by the president alone. Some are, like. - It will be my great honor to pardon the peaceful
January 6th protestors. - [Reporter] But some are not. - We will have no tax on
tips, no tax on overtime,

(audience cheers and applauds) and no tax on Social Security
benefits for our seniors. - [Reporter] Here's what
Trump can and can't do as president in his second term. Let's start with Trump's
biggest plan, immigration.

- On day one of my administration, I will terminate every open border policy of the Biden administration and we will begin the largest
domestic deportation operation in American history. - Any presidential administration can do a significant number of things with regards to how people
are processed at the border.

That doesn't mean that the president can unilaterally override current laws, and those laws require
that the United States, when presented with certain
claims by migrants at the border or inside the United States, they have to be heard in a certain way

with a certain type of process. - [Reporter] Trump hasn't
outlined a plan yet, but the president controls
immigration enforcement and can decide who they
prioritize to deport. So, Trump can change the current policy of prioritizing unauthorized
people who pose a threat

to anyone in the country unlawfully. - That still doesn't mean that 11 million people can be removed. The Obama administration accomplished the highest number of interior removals, and that was with the
enforcement apparatus of the United States going at full bore.

So, you can imagine
the number of resources that need to be committed
as a practical matter to something that even
approximates the millions that the Trump administration
is talking about. - [Reporter] To hire more people, to build detention centers,

to pay for transportation, all the logistics of
increased deportations would require congressional appropriation. He could ask local law
enforcement to assist, although only if they volunteer and if state law even allows, and then local departments would have to use their
own budget and resources.

Trump has also floated the
idea of using the military. - The United States military
is forbidden by statute from engaging in domestic law enforcement. - And there's not really any good way for presidents to get around that. So, the president can say
there's a national emergency

and it doesn't matter. It doesn't change the fact that he can't use federal
troops to enforce law. - But as commander in chief, Trump can organize the top of
the military like generals. - And we have a military that's not woke.

You may have a few people
on the top that are woke and we're gonna get rid
of them so damn fast your head's gonna spin. - The president can get rid of generals. The president's a little
more tied on replacing them.

So, Congress has a say in
who replaces those generals. - We're going to take the Department
of Education, close it. I'm going to close it. - [Reporter] The Department of Education was created by Congress and it can only be closed by Congress.

It mainly handles student loans and enforces civil rights
programs like Title IX, which protects students
from gender discrimination. - I will keep men out of women's sports. - The president has the authority and the Secretary of
Education has the authority

to rewrite the Title IX regulations. The Trump administration rewrote
the Title IX regulations, the Biden administration
rewrote them again, and so I expect we are going
to see new Title IX regulations within his first year. - [Reporter] The Department
allocates money to schools

through these civil rights programs, like for students with disabilities, and doesn't actually set curriculum. - I will sign a new executive
order to cut federal funding for any school pushing
critical race theory, transgender ideology, and other inappropriate racial, sexual,

or political content onto our children. - The reasons that the department can cut off federal funding
are well-defined by law. And so to tie new policy
priorities to federal funding, you would have to pass new legislation. It's important to underscore
that if they were to do that,

it would represent a sort of
very significant deviation from a long-held principle that the federal government should not have a say over curriculum. - Starting on day one, I
will approve new drilling, new pipelines, new refineries, new power plants, new reactors,

and we will slash the red tape. - All he can do is tell EPA
to reconsider those rules and then it will go through what's likely to be a multi-year process. - [Reporter] For example,
in his first term, Trump directed the EPA to revise

or withdraw the Clean Power Plan. It wasn't repealed for
more than two years. - We will drill, baby, drill, and I'm gonna cut your
energy prices in half within 12 months. - [Reporter] Trump does have the authority

to direct departments like the Interior to allow for more drilling. But not only do those
plans have to go through the same long process, it's a private industry that drills and sets the price of oil. - And of course, even if he approves it,

that doesn't mean industry's gonna think it's, you know, economically
viable for them. - I can make anybody do anything
through the use of tariffs. And the president has the
right to impose the tariffs. - [Reporter] The
Constitution gives the power

of setting tariffs to Congress. But in the '70s, they gave
power to the president to set tariffs for specific retaliatory or emergency reasons. - It was never probably contemplated to be against an entire
country, but it could be.

- Trump wants to put
tariffs on China and Mexico. - Every damn thing that they
sell into the United States is gonna have like a 25% tariff until they stop drugs from coming in. - As a retaliatory move, he has that authority delegated
to him by the Congress.

- [Reporter] But this trade lawyer thinks some of Trump's broader proposals to put blanket tariffs on every
import from every country. - I'm gonna oppose a tariff
on the outside world. A small 10% tariff on
foreign-made products

will allow massive tax
cuts for working families. - [Reporter] Would see
some legal challenges. - If he doesn't explain it, he
doesn't declare an emergency, he just says, "Well, I'd
like to see tariffs today

of 20% on all countries, all goods," I think the court would say, "No, under the Constitution, that is in fact given to the
Congress of the United States. You can't do it." - [Reporter] For most
of Trump's objectives

for his second term, there are limitations, checks and balances within the process or directly from Congress. But most experts believe he'll
follow a similar playbook as his first term, implement the policy first and have the courts decide
the legality of it later.

- And, yeah, just go ahead and do things and not worry much about
whether they're legal. - I think the bet that the
Trump administration is making is that eventually their
views will be vindicated by perhaps a Supreme Court that
is friendly to their views.

- The attempted efforts by Trump to promote his policy agenda through the power of the executive I think remains to be seen. (bright music)

What Trump Can and Can’t Do on Day One | WSJ

The Wall Street Journal takes you inside carefully selected stories and events in a visually captivating way so you can dig deeper into the news and insights that matter to you. 

The Wall Street Journal

Trump's Policy Goals and Presidential Power

Trump promised to end inflation, implement tariffs, and conduct large-scale deportations.

He also planned to pardon January 6th protestors and eliminate taxes on tips, overtime, and Social Security benefits.

The reporter discusses what Trump can and cannot do as president.

Trump's immigration plan involves terminating open border policies and initiating large-scale deportations.

Limitations on Presidential Power Regarding Immigration

The president cannot unilaterally override existing laws regarding migrant processing.

Trump can change deportation priorities but cannot remove 11 million people without significant resources.

Increased deportations would require congressional appropriation for personnel, detention centers, and transportation.

Local law enforcement assistance is contingent on volunteerism and state law, requiring their own resources.

Using the military for domestic law enforcement is forbidden by statute.

Closing the Department of Education requires congressional action.

The president and Secretary of Education can rewrite Title IX regulations.

Cutting federal funding for schools teaching critical race theory or transgender ideology requires new legislation.

Such actions would deviate from the principle of federal non-interference in curriculum.

Trump can direct the EPA to reconsider environmental regulations, but the process is lengthy.

The repeal of the Clean Power Plan took over two years.

Trump can direct departments to allow more drilling, but the process is lengthy and oil prices are set by private industry.

Congress has the power to set tariffs, but delegated some power to the president for specific reasons.

Trump's authority to impose tariffs on China and Mexico is as a retaliatory measure.

Broader proposals for blanket tariffs on all imports could face legal challenges.

Imposing tariffs without a declared emergency could be deemed unconstitutional.

Trump's Approach to Policy Implementation

Trump is likely to implement policies first and let the courts decide legality later.

The Trump administration might bet on a Supreme Court favorable to their views.

The effectiveness of Trump's executive actions remains to be seen.