President Donald Trump's recent State of the Union address reviewed his achievements during his first year in office, but many of his actions simply involved rescinding or rolling back unilateral actions taken by President Barack Obama's administration. Politically and constitutionally, this is a costly way to form national policy.

During his presidential campaign in 2007-08, Obama rejected the constitutional claim of President George W. Bush, who claimed an “inherent” authority to make public policy beyond the control of Congress and the judiciary. In an interview with Charlie Savage of Boston Globe on Dec. 20, 2007, Obama said that as president, “I will follow existing law.” Initially he adhered to that principle but eventually broke from it.

Closing Guantánamo

Obama's campaign pledges included closing Guantánamo Bay. To do that, he needed appropriations from Congress to build a facility in the United States to accommodate the detainees. Instead of working jointly with lawmakers to pass legislation, on his second full day in office he issued an executive order, stating: “By the authority vested in me as president by the Constitution and the laws of the United States of America,” the facility would be closed “as soon as practicable, and no later than one year from the date of this order.”

Perhaps Obama wanted to demonstrate personal leadership and honor a campaign pledge, but issuing the executive order ignored constitutional and political requirements. Success required a joint effort by the two elected branches. The mood on Capitol Hill turned strongly against Obama. On May 12, 2009, the House Appropriations Committee in a chamber controlled by Democrats refused to provide funds requested by the administration to close the facility. The Senate on May 20 voted 90-6 to prohibit funds to transfer or release detainees to the United States. In subsequent years, Congress continued to deny Obama the funds he needed.