WASHINGTON — Donald Trump is poised to return to the White House with plans to reform the government quickly, leveraging one of his most powerful tools: the executive order.
The practice of an incoming president signing multiple executive orders is typical. These orders enable a president to exert authority without waiting for congressional action. However, there are constraints regarding the scope and effectiveness of these orders.
Executive orders are effectively directives outlining how the president wishes for federal government operations to be conducted. They can provide guidance to federal agencies or request specific reports. Some orders are relatively benign, such as granting federal employees a day off following Christmas. Others can articulate significant policy directions; for instance, President Joe Biden established a framework for regulating artificial intelligence through an executive order. Additionally, executive orders—along with proclamations and political memoranda—are tools presidents can utilize to advance initiatives that may struggle to gain traction in Congress.
Upon taking office, new presidents often issue orders to revoke those of their predecessors. The American Bar Association clarifies that executive orders do not require congressional consent and cannot be directly annulled by Congress. Nonetheless, lawmakers can obstruct an order’s implementation by cutting funding or introducing other legislative challenges.
Executive orders have been a consistent part of American governance, with several thousand recorded over time, according to research from the American Presidency Project at the University of California, Santa Barbara. George Washington issued eight executive orders, while Franklin Delano Roosevelt signed a staggering 3,721. During his first term, Trump issued 220 executive orders, while Biden had signed 160 by December 20.
Political messaging often drives the issuance of executive orders. Trump has signaled plans to sign up to 100 orders on his inauguration day, potentially addressing issues such as immigration enforcement, policies regarding the U.S.-Mexico border, energy production, civil service rules for federal employees, school gender issues, and vaccine mandates, among others. He also intends to issue a directive concerning the extension of time related to the sale of TikTok. Trump has called on Rep. Jeff Van Drew, R-N.J., to draft a measure aimed at halting the development of offshore wind farms.
Many of Trump’s anticipated actions are likely to face pushback from Democrats. In numerous key situations, the orders may primarily reflect Trump’s campaign promises rather than concrete policy implementations.
However, the power of executive orders is not absolute. Both legislative and judicial branches can challenge them. For example, in 1992, Congress nullified an executive order from former President George H.W. Bush that aimed to create a human fetal tissue bank for research by enacting a law that rendered the order ineffective. Congress also possesses the authority to deny funding to certain agencies, undermining the enforcement of specific orders.
Moreover, legal disputes can arise on the grounds that a president overstepped their legal boundaries. A historic instance of this occurred when President Harry Truman attempted to seize control of steel mills during the Korean War. The U.S. Supreme Court ruled that he did not possess the authority to commandeer private property without express permission from Congress.
