President Joe Biden takes office with a long list of legislative priorities and a razor-thin Democratic majority in both chambers of Congress. But if Congress is unable — or unwilling — to aid Biden in accomplishing major portions of his election platform, some have argued he could look to sidestep the legislative process and use executive authority to enact a few of his more notable campaign proposals related to higher education and the federal student loan program specifically.
But as the Biden administration takes shape, two questions remain surrounding the idea of “legislating” through executive action: Will he use it? And exactly how far can he go?
Biden’s propensity to wield his executive authority from the Oval Office could have a major impact on the timing and significance of moves intended to reshape the country’s higher education landscape and provide relief to borrowers reeling from the effects of the pandemic.
Throughout his presidential campaign, Biden vowed to use executive authority to undo a number of former President Donald Trump’s policies. In fact, on his first day in office Biden signed more than a dozen executive orders and other directives, followed by several more planned in the coming days.