Trump Learns Just How Durable Obama’s Policies Are
It'll take more than a bat to destroy Obamacare.
President Donald Trump may not like it, but he cant -- so far -- reverse two of President Barack Obamas signature accomplishments: the Affordable Care Act and the Iran nuclear deal. In one emblematic, frustrating day, Trump both saw the failure of the Senate bill to repeal and replace the ACA and was forced by his advisers to certify that Iran is in compliance with its nuclear obligations.
Trump ran against Obamacare and the Iran deal. Hes got a Republican Congress and unilateral legal authority on Iran. So why cant he act?
The answer is half the stickiness of past decisions in highly constraining political systems, and half Obamas self-conscious plans to entrench his most important accomplishments. Both are reminders that as president, Trump doesnt rule the U.S. or the world. Without Congress, he cant govern at home. Without foreign allies, he cant impose his will internationally.
The difficulty of putting together 50 Senate votes (plus the tiebreaker, Vice President Mike Pence) to repeal the ACA is, most notably, an object lesson in constitutional constraints derived from the separation of powers. In a parliamentary system, a prime minister with a majority can generally pass or repeal whatever legislation he or she chooses on the basis of party discipline. But the American presidential system denies the executive this sort of authority. By requiring a majority in both houses of Congress, it pushes the president to negotiate a compromise.
Thats particularly noteworthy because some critics have argued that the separation of powers only works the way the framers intended it when there are no political parties. Trumps failure to repeal the ACA thus far shows that even when the same party controls the presidency and Congress, internal divisions can be broad enough to block the president from passing favored legislation.
Put another way, its not an accident that the Republican Partys far-right wing and its most moderate members are the ones who balked on the repeal bill. Its a feature of a constitutional design that pushes legislation toward the center to get it enacted.
As for the Obama administration, it couldnt do anything about a future Republican Congress. But it did have the advantage of passing a law that was intended to confer benefits on citizens who would then be loath to give them up.
This was, for Democrats, an intentional part of the ACA. Obamas team hoped that it would be hard to repeal the ACA because it would be politically difficult to take away something that is already given. They were keenly aware of what behavioral psychologists and economists call the endowment effect, also called status quo bias. This is the notion that, rationally or not, people tend to value something more once they are in possession of it, and consequently dont want to give it up.
The Iran deal is proving to be just as sticky as Obamacare, albeit for international reasons rather than domestic ones. Here, too, the structure of politics matters. The sanctions against Iran that pressured it to make the deal in the first place werent just from the U.S. They were imposed by European allies, under intense lobbying pressure from the U.S.
As a result, the Iran deal, although the accomplishment of Obama and his Secretary of State John Kerry, was in large measure and achievement of international coordination. The European countries were only too happy to sign on, because they never much cared about Irans nuclear ambitions in the first place. But their participation was nonetheless a necessary condition for the deal to take place.
Similarly, the U.S. cant effectively suspend the Iran deal without European buy-in -- which is never coming, and certainly not during a Trump administration. Without European agreement to reimpose sanctions on Iran, U.S. sanctions wouldnt have much bite.
Obama and Kerry knew perfectly well that a future Republican administration might want to reverse the deal. They faced tremendous opposition from Republican senators, and not a few Democrats. So they built in a rather brilliant or, if you prefer, devious entrenchment mechanism. If the U.S. says that Iran isnt complying, the European states can still take the view that it is, thereby refusing to reimpose their own sanctions.
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Whats more, they structured the deal so that if the U.S. decertified Iran, it loses its ability to do inspections that to some degree curtail Irans nuclear program. Thats why Trumps advisers have pressured him to certify that Iran is complying. Without that certification, the U.S. would have little leverage over Iran and no inspection capacity. In other words, the U.S. is better off certifying than not -- and that will remain the case so long as Europe has no intention of imposing sanctions.
Blocked from reversing Obamas signature initiatives by the Senate domestically and by Europe in foreign affairs, Trump will have to look elsewhere for a political agenda. Cutting taxes would be the natural next step. In theory, Trump should be less constrained here because neither entitlements nor allies are threatened.
But even tax cuts may turn out to be a bridge too far for a president with no prior political experience. The Republican Party still has budget hawks who think tax cuts have to come with spending cuts, and there are congressional rules limiting legislation that cant be paid for. That will bring Trump back to cutting something from somewhere -- and the game of entrenchment may begin again.
This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.
To contact the author of this story: Noah Feldman at nfeldman7@bloomberg.net
To contact the editor responsible for this story: Stacey Shick at sshick@bloomberg.net
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Trump Learns Just How Durable Obama's Policies Are
- Obama warns donors that races are 'on the razor's edge' as he ramps up midterm push - ABC News - Breaking News, Latest News and Videos - October 10th, 2026 [October 10th, 2026]
- Michelle Obama, Praising Past White House Remodels, Takes Veiled Aim at Trump - The New York Times - October 10th, 2026 [October 10th, 2026]
- Sam Kass, former Obama family personal chef and policy adviser, wins the Julia Child Award - Chicago Tribune - October 10th, 2026 [October 10th, 2026]
- Obama raises more than $13 million for Democrats, urges voters to "turn hope into action" at ballot box in November - CBS News - October 10th, 2026 [October 10th, 2026]
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- Boston: The remarkable Bush-Obama friendship - Dallas News - October 10th, 2026 [October 10th, 2026]
- Mike Ditka tributes pour in from President Trump, former President Obama, Chicago and the NFL - AP News - October 10th, 2026 [October 10th, 2026]
- Former President Barack Obama endorses David Crowley in Wisconsin race for governor - News From The States - October 10th, 2026 [October 10th, 2026]
- Obama Foundation and Presidential Center workers to unionize: We don't even have a seat at the table - Chicago Sun-Times - October 10th, 2026 [October 10th, 2026]
- Trump says he could have done very bad things to Biden, Obama and Clinton - MS NOW - October 10th, 2026 [October 10th, 2026]
- KFile: El-Sayed has history of knocking Obama & his failures - CNN - October 10th, 2026 [October 10th, 2026]
- Trump: I could have done bad things to Hillary Clinton, Biden, Obama - The Hill - October 10th, 2026 [October 10th, 2026]
- At the Races: Unleash Obama - Roll Call - October 10th, 2026 [October 10th, 2026]
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- Obama endorses Crowley for Wisconsin governor - The Daily Cardinal - October 10th, 2026 [October 10th, 2026]
- Michelle Obama lowers boom on Trump over White House renovations - SILive.com - October 10th, 2026 [October 10th, 2026]
- Trump says he rejected investigating Biden, Obama out of 'respect' for office - USA Today - October 10th, 2026 [October 10th, 2026]
- Michelle Obama: Care For This Country as We Would Our Own Children - East Wing Magazine - October 10th, 2026 [October 10th, 2026]
- NEWS OF THE WEEK: Barack and Michelle Obama celebrate 34 years wed - Yahoo - October 10th, 2026 [October 10th, 2026]
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- Michelle Obama Steps Out in Monochromatic Look That Puts a Twist on Her Signature Style - InStyle - October 10th, 2026 [October 10th, 2026]
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- Obama says the government should act fast and regulate AI - Valley News Live - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - WTOC - September 22nd, 2026 [September 22nd, 2026]
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- Obama says the government should act fast and regulate AI - WNEM - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - WBTV - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - KBTX News 3 - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - wtvm.com - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - WCJB - September 22nd, 2026 [September 22nd, 2026]
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- Obama says the government should act fast and regulate AI - KNOE - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - Upper Michigan's Source - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - WRDW - September 22nd, 2026 [September 22nd, 2026]
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- Obama says the government should act fast and regulate AI - KGNS - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - KMVT - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - hometownstations.com - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - KXII - September 22nd, 2026 [September 22nd, 2026]
- Obama says the government should act fast and regulate AI - WMBF - September 22nd, 2026 [September 22nd, 2026]
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- Obama Agrees With The CEOs: Now is the time for the AI Slowdown - PCMag - September 22nd, 2026 [September 22nd, 2026]
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- Obama criticizes Trump on approach to AI, escalates warning for stronger regulation - Fox News - September 22nd, 2026 [September 22nd, 2026]
- Obama on Agentic AI: The Technology Race, Commercial Pressure, and Regulation - . . - September 22nd, 2026 [September 22nd, 2026]
- Obama on AI: Government has to be regulating this | CNN Politics - CNN - September 20th, 2026 [September 20th, 2026]
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- Obama on AI: Government has to be regulating this - WKYC - September 20th, 2026 [September 20th, 2026]
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- Obama Bashes Trump for Not Pushing Serious Regulatory Framework on AI: Thats Not How We Treat Airlines or Drug Companies! - Yahoo - September 20th, 2026 [September 20th, 2026]
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- "Still fiery and gorgeous till the very end of her days. Former President Barack Obama shared that his pet dog Sunny, who joined the family... - September 20th, 2026 [September 20th, 2026]
- What Were Reading: Michelle Obama is coming to Fort Worth, NBC4 helicopter crash report and more. - TCU 360 - September 20th, 2026 [September 20th, 2026]
- Michelle Obama to visit Texas to honor Grandmother of Juneteenth Opal Lee - Houston Chronicle - September 20th, 2026 [September 20th, 2026]
- Barack and Michelle Obama mourn death of cherished family dog Sunny: We will miss her terribly - ew.com - September 20th, 2026 [September 20th, 2026]