What are executive orders in the United States and how strong are they?

Photo of author

By [email protected]


US President Donald Trump has returned to the White House prepared to immediately overhaul the government using the quickest tool he has: an executive order.

On his first day, he looked to increase domestic energy production and halt diversity, equity and inclusion programs within the federal government, among other actions.

It is standard practice for the next president to sign a series of executive orders. They allow the president to exercise power without action by Congress, but there are also limits to what orders can accomplish.

A primer on how presidential power works and its often fleeting influence:

What are executive orders?

Essentially, they are signed statements about how the president wants the federal government to be run. They could be instructions to federal agencies or requests for reports.

Many orders can be unobjectionable, such as giving federal employees leave the day after Christmas. They can also set key policies. For example, former President Joe Biden signed an order to create a structure to establish regulations on artificial intelligence.

Watch | CBC Washington correspondent Alex Panetta breaks down Trump’s executive orders:

Breaking some of Trump’s first executive orders

Newly elected US President Donald Trump signed a series of executive orders on his first day in office. CBC’s Washington correspondent Alex Panetta explains what you need to know.

But executive orders — and their political sisters, the proclamation and policy memorandum — are also used by presidents to pursue agendas they cannot pass through Congress.

New presidents can—and often do—issue orders to overturn those of their predecessors. On his first day, Trump canceled 78 orders and measures signed by Biden. Among the cancellations issued by Trump was Biden’s order to cancel some orders signed by Trump during his first term.

As the American Bar Association notes, the orders do not require congressional approval and cannot be directly vetoed by lawmakers. However, Congress could prevent the order from being implemented by removing funding or creating other obstacles.

How common are executive orders?

Over the course of US history, there have been several thousand executive orders, according to data compiled by the American Presidency Project at the University of California, Santa Barbara. George Washington signed eight executive orders, while Franklin Delano Roosevelt signed 3,721 executive orders.

During his first term, Trump, a Republican, signed 220 votes.

Biden, a Democrat, had signed 160 documents as of December 20.

Executive orders often relate to political messaging

Trump has signed several executive orders related to his campaign promises.

These measures included a temporary hiring freeze at federal agencies, requiring federal employees to return to their offices to work, and a review of federal investigations that Trump suggested targeted his supporters. He also promised to issue an executive order to give more time to sell TikTok.

A pile of documents in black folders stacked on a wooden desk.
Trump signs executive orders in the Oval Office on Monday. During his first term, Trump signed 220 executive orders. (Evan Vucci/Associated Press)

Trump had asked Republican Representative Jeff Van Drew from New Jersey to write an order to stop the development of offshore windmills to generate electricity. But it’s entirely possible that Trump could also roll out several planned executive orders over time.

Many of Trump’s actions are likely to spark Democratic opposition.

In many major cases, the orders will largely be statements of intent based on Trump’s campaign promises.

There are limits to the power of executive orders

Both Congress and the courts can block executive orders.

For example, in 1992 Congress overturned an executive order by then-President George H.W. Bush establishing a human fetal tissue bank for scientific research by passing a measure that said the order would have “no legal effect.” Congress can also deny funding to agencies and block implementation of the order.

There are also legal challenges based on the argument that the president exceeded his legal powers.

When President Harry Truman tried to seize steel mills during the Korean War, the US Supreme Court said he lacked the authority to seize private property without permission from Congress.



https://i.cbc.ca/1.7437401.1737488746!/cpImage/httpImage/image.jpg_gen/derivatives/16x9_1180/trump-inauguration-photo-gallery.jpg?im=Resize%3D620

Source link

Leave a Comment