WASHINGTON — Donald Trump has made his way back to the White House, eager to initiate significant changes in government through executive orders, his quickest means of enacting policy. On his first day, Trump’s agenda includes enhancing domestic energy production and halting diversity, equity, and inclusion initiatives within federal agencies, among additional actions.
Signing a series of executive orders on the first day of a presidency is a common practice, as these orders provide presidents the ability to implement changes without needing Congressional approval. However, the effectiveness and scope of what executive orders can accomplish have their limitations.
So, what precisely are executive orders? They are essentially directives that outline how the president plans for the federal government to operate. These can be instructions meant for federal agencies or calls for specific reports. Some executive orders can be relatively innocuous, like designating the day after Christmas as a holiday for federal employees. Others can address significant policy changes, such as the executive order by President Joe Biden aimed at establishing regulations for artificial intelligence. However, executive orders, alongside their associated documents like proclamations and political memoranda, often serve as mechanisms for pursuing goals that may not pass through Congress.
When a new president takes office, it’s common for them to issue orders to undo those set forth by their predecessor. On his opening day, Trump rescinded 78 actions and orders implemented by Biden, including one that reversed specific initiatives from Trump’s initial term. Also highlighted by the American Bar Association, executive orders do not undergo congressional scrutiny and cannot be outright reversed by lawmakers. Nevertheless, Congress does hold the power to obstruct an order’s implementation through methods such as eliminating funding or creating additional barriers.
How prevalent are executive orders in American history? The count of presidential executive orders runs into the thousands, as noted by data from the American Presidency Project at the University of California, Santa Barbara. George Washington enacted eight executive orders during his presidency, whereas Franklin D. Roosevelt issued a staggering 3,721 orders. In his first term, Trump signed a total of 220, while Biden tallied 160 as of December 20.
Executive orders often serve as a reflection of political messaging. Trump’s signing of various orders was closely tied to his campaign commitments, which included measures such as implementing a temporary federal hiring freeze, requiring federal employees to return to work in person, and reviewing investigations he believed targeted his supporters. Additionally, Trump hinted at an executive order to extend the time frame for the sale of TikTok.
In another effort, he requested Representative Jeff Van Drew from New Jersey to draft an order aiming to halt the establishment of offshore wind energy developments. However, it’s also likely that Trump will continue to unveil a variety of planned executive orders in the future. Many of these measures may encounter opposition from Democratic leaders, and several orders may primarily serve as declarations of intent rooted in Trump’s campaign platform.
However, it is crucial to recognize the constraints surrounding executive orders. Both the legislative branch and the judiciary can potentially counter these executive actions. For instance, Congress invalidated a 1992 executive order from President George H.W. Bush that aimed to create a human fetal tissue bank for research by passing a resolution stating the order “shall not have any legal effect.” Furthermore, Congress can limit funding to agencies, thereby obstructing the fulfillment of an order.
Legal challenges may also arise on grounds that a president has overstepped their legal authority. A notable case occurred during President Harry Truman’s attempt to seize steel mills amid the Korean War, when the U.S. Supreme Court ruled he lacked the permission to confiscate private property without Congressional approval.
