Executive orders are a powerful tool used by US presidents to make their mark on government policy, bypassing congressional approval and allowing unilateral action. From dramatic reverses of policy to ordinary business, these directives have far-reaching consequences and can be both effective and contentious.
Executive orders are a powerful tool used by US presidents to make their mark on government policy. They are legally-binding directives that do not require congressional approval, allowing the president to act unilaterally.
The Power of Executive Orders
During his previous term, Donald Trump signed 220 executive orders, some of which were challenged in the courts. With his return to the White House, he is expected to sign more than 200 executive actions on Monday, including executive orders and other presidential directives.
These orders range from dramatic reverses of policy, such as Trump’s approval for the construction of two bitterly contested oil pipelines in 2017, to ordinary business, like Barack Obama‘s instructions on half-day closing for government departments on Christmas Eve 2015. Authority for issuing these orders is rooted in Article II of the US constitution, which states: “The executive power shall be vested in a president of the United States of America.”
Why Do Presidents Issue Executive Orders?
Presidents issue executive orders to address pressing issues or to bypass congressional approval when necessary. Sometimes, orders are made during wartime or to avert a domestic crisis. For example, President Franklin D Roosevelt signed an executive order in February 1942 that led to the creation of detention centers for about 120,000 Japanese Americans.
In recent times, presidents have increasingly used their executive orders to undo the work of their predecessor. In 2021, Joe Biden signed an order beginning the process of re-joining the 2015 Paris climate agreement, from which his predecessor Trump formally withdrew. Biden’s Secretary of State, Antony Blinken, said it was “to help us all avoid catastrophic planetary warming.”
Can Executive Orders be Overturned?
An executive order has to work within the confines of the law and is reviewed by the Office of Legal Counsel for form and legality. If an order is deemed to stray outside the boundaries of what is acceptable, it can be subject to a legal review. Congress can also pass a law to override the executive order, but a president still has a veto over that law.
The Controversy Surrounding Executive Orders
Executive orders are controversial because they bypass approval from Congress, allowing the president to act unilaterally. Republicans successfully sued Obama over part of his 2010 healthcare changes, arguing that he had exceeded his constitutional authority when he unilaterally delayed an insurance coverage deadline.
In contrast, Biden ended Trump’s travel ban on some majority-Muslim countries upon entering the White House. A president may also issue an order when members of Congress act too slowly or when the president feels he needs to flesh out details of a new law.
How Frequently are Executive Orders Issued?
Franklin D Roosevelt issued the most orders – 3,721 during his 12 years in office, while Woodrow Wilson and Calvin Coolidge signed 1,803 and 1,203 respectively. Trump signed 220 executive orders in his first term, while Joe Biden issued 160 executive orders, and Barack Obama and George W Bush issued 277 and 291 respectively.
With the return of Donald Trump to the White House, it remains to be seen how many executive orders he will sign and what impact they will have on government policy.
