Executive Orders: Law Or Not?

Executive orders are a powerful tool used by US presidents to make their mark on government policy. They are signed, written, and published directives from the President of the United States that manage the operations of the federal government. They are often controversial because they bypass approval from Congress and do not require their legislative approval to become effective. Executive orders are not legislation, but they do have the force of law and are subject to judicial review. They can be overturned by a court if they are deemed unconstitutional or by Congress with a two-thirds majority vote in both chambers.

Executive orders are not legislation

Executive orders are a powerful tool used by US presidents to make their mark on government policy. They are signed, written, and published directives from the President of the United States that manage the operations of the federal government. They are often controversial because they bypass approval from Congress and do not require their approval to be enacted.

Executive orders are subject to judicial review and may be overturned if they are found to lack support by statute or the Constitution. They can be challenged in court if they are deemed to stray outside the boundaries of what is acceptable. The US Supreme Court has held that all executive orders must be supported by the Constitution, whether from a clause granting specific power or by Congress. The delegation of discretionary power to make such orders is required to be supported by either an expressed or implied congressional law or the Constitution itself.

Executive orders remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. The President has the power to revoke, modify, or make exceptions to any executive order, whether their own or a predecessor's. Congress can pass a law to override an executive order, but the President has the power to veto this law. If an executive order requires new appropriations to be implemented, only Congress can appropriate those funds, and they could choose not to provide the necessary funding.

Executive orders can be overturned

Executive orders are signed, written, and published directives from the President of the United States that manage the operations of the federal government. They are not legislation and do not require approval from Congress. However, they are subject to judicial review and may be overturned if they lack support by statute or the Constitution.

Executive orders are typically issued to manage administrative matters of the federal government. However, they can also be used to make substantial policy changes, such as Abraham Lincoln's Emancipation Proclamation of 1863 and Harry Truman's desegregation of the armed forces in 1948. Executive orders can have a significant influence on the internal affairs of the government, deciding how and to what degree legislation will be enforced, dealing with emergencies, and waging wars.

The authority to issue an executive order usually comes from a congressional statute, but presidents have sometimes justified orders based on their constitutional power to execute the nation's laws. The U.S. Supreme Court has held that all executive orders must be supported by the Constitution, whether from a clause granting specific power or by Congress. The delegation of discretionary power to make such orders is required to be supported by either an expressed or implied congressional law or the Constitution itself.

In addition, a new president may review and revoke, modify, or make exceptions to existing executive orders within the first few weeks of taking office. For example, President Donald J. Trump rescinded several executive actions issued by the previous administration, including those related to COVID-19 and worker empowerment.

Executive orders are subject to judicial review

Executive orders are a key tool for US presidents to make their mark on government policy. They are signed, written, and published directives from the President of the United States that manage the operations of the federal government. They are consecutively numbered and are published in the Federal Register, the official journal of the federal government. Executive orders are not legislation and do not require congressional approval, but they are subject to judicial review and may be overturned if they lack support by statute or the Constitution.

Executive orders are controversial because they bypass approval from Congress, allowing the president to act alone. They are also controversial because they can be seen as "instant law", and their legality is not always clear. For example, in 2017, a federal court stayed a part of President Donald Trump's executive order "Protecting the Nation from Foreign Terrorist Entry into the United States", which temporarily banned entry to the US for citizens of seven Muslim-majority countries.

Executive orders can be challenged in court, and several lawsuits have been filed against executive orders issued by President Trump. For example, a union representing federal employees sued the Trump administration over an executive order that nullified a regulation by the Biden administration to impede firings, arguing that it may have violated the Administrative Procedure Act. In another case, agents of the FBI sued the administration over an order to turn over a list of everyone who worked on January 6 cases, as they believed that their identities would be revealed, putting them and their families in danger.

Executive orders are numbered

The numbering of executive orders provides a systematic way to organise, identify, and reference them. Each order is assigned a unique number, making it easier to track, retrieve, and differentiate between various directives. The numbering system also helps maintain a chronological record of executive orders, allowing for a historical perspective on the use of this presidential power.

While most executive orders are numbered, there are also unnumbered orders. These unnumbered orders are typically administrative in nature and include memos, notices, letters, and messages. They are still considered official documents, signed by the president, and used to manage administrative matters of the federal government. However, they are not given a specific number like the consecutively numbered executive orders.

The numbering of executive orders is an important aspect of their documentation and publication. It provides a reference point for understanding and analysing the directives issued by the president. The numbers allow for easy identification, comparison, and study of executive orders, contributing to transparency and accountability in the executive branch's use of this authority.

Executive orders are published in the Federal Register

Executive orders are directives from the President of the United States that manage the operations of the federal government. They are written, signed, and published, and each order is assigned a unique, consecutive number.

The Federal Register is not an official legal edition, and does not replace the official print or electronic version. The documents posted on the site are XML renditions of published Federal Register documents, and each document includes a link to the corresponding official PDF file on govinfo.gov. The site will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status.

Executive orders are also catalogued by the National Archives as official documents produced by the federal government, and they are recorded under Title 3 of the U.S. Code of Federal Regulations, a codification of the permanent rules issued by the executive branch of the U.S. government.

Frequently asked questions