Donald Trump has returned to the White House with the intention of quickly remodeling the United States government, and to achieve this, he has used one of his fastest tools: the executive order.
Signing a flurry of executive orders at the beginning of a term is a common practice for many presidents. These orders allow the president to make important decisions without waiting for Congress’s approval. However, there are limits to what an executive order can achieve.
What Are Executive Orders?
Executive orders are official documents signed by the president that indicate how the federal government should be managed. They can be direct instructions to federal agencies or even requests for reports.
In simple terms, executive orders are a way for the president to act without Congress’s intervention. While some are simple and cause little controversy, such as giving federal employees a day off after Christmas, others can be important decisions that affect large portions of the country.
For example, Joe Biden, the current president, signed an executive order to create new standards regarding artificial intelligence. These orders are also used to launch projects that the president cannot approve through Congress. Sometimes, presidents sign executive orders to overturn the decisions of their predecessors.
Are Executive Orders Common?
Throughout U.S. history, thousands of executive orders have been signed. George Washington, the first president, signed eight, while Franklin Delano Roosevelt signed 3,721 during his time in the White House. In the case of Trump, during his first term, he signed 220 executive orders, and by December 2020, Biden had signed 160.
These orders are not only used for quick decisions but often become political messages. For example, Trump planned to sign up to 100 executive orders on his first day, covering topics such as immigration, the border with Mexico, domestic energy, and vaccines, among other campaign promises.
The Power of Executive Orders Has Limits
Although executive orders are powerful tools, they cannot do everything a president desires. Both Congress and the courts can block them if they believe they are illegal or if the president has exceeded his authority.
An example of this occurred in 1992, when Congress revoked an executive order from President George H.W. Bush that aimed to create a fetal tissue bank for scientific research. Congress passed a measure that made this order legally ineffective.
Additionally, courts can challenge executive orders if they believe the president has abused his power. One example is when President Harry Truman attempted to take control of steel factories during the Korean War. The U.S. Supreme Court ruled that Truman could not confiscate private property without Congress’s permission.
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