WASHINGTON — Donald Trump is poised to make a swift return to the White House, planning to implement significant changes through executive orders on his very first day.
His agenda includes bolstering domestic energy production and halting diversity, equity, and inclusion initiatives throughout the federal government, among several other proposed actions.
Utilizing executive orders is a typical strategy for new presidents, allowing them to exercise authority without needing congressional approval. However, there are limitations to the scope and effectiveness of these orders.
**Understanding Executive Orders**
Executive orders are essentially directives that dictate how the president intends for the federal government to operate. These can range from instructions for federal agencies to requests for specific reports. While some orders may seem benign, like designating the day after Christmas as a holiday for federal employees, others can outline significant policy changes. For example, a recent executive order from President Joe Biden established regulatory frameworks for artificial intelligence. It’s notable that these orders, along with proclamations and political memoranda, often serve as tools for presidents to advance priorities that might face challenges in the legislative branch.
New administrations frequently issue orders to reverse initiatives from their predecessors. As emphasized by the American Bar Association, executive orders don’t require legislative consent, and thus cannot be unilaterally overturned by Congress. Still, lawmakers retain the power to obstruct these orders through budget adjustments or other legislative measures.
**Frequency of Executive Orders**
Historically, several thousand executive orders have been issued in the U.S., as documented by the American Presidency Project at the University of California, Santa Barbara. George Washington issued eight, while Franklin Delano Roosevelt signed an overwhelming 3,721. During his initial term, Trump enacted 220 executive orders. In contrast, Biden signed 160 as of late December.
**The Political Messaging of Executive Orders**
Trump has hinted that he may sign nearly 100 executive orders on his first day, addressing several key areas including deportations, policies at the U.S.-Mexico border, energy production, regulations regarding federal employees, gender policies in schools, and vaccine mandates — all of which were central themes of his campaign. Additionally, an executive order aimed at extending the sale timeline for TikTok has been pledged.
He has involved Rep. Jeff Van Drew, R-N.J., in drafting a measure to halt offshore wind energy development. Nonetheless, it is likely that Trump will take a gradual approach to executing many of these planned orders.
It’s expected that several of Trump’s initiatives will encounter pushback from Democratic lawmakers, and many executive orders may serve primarily as declarations of intent aligned with his campaign commitments.
**Limits of Executive Orders**
The potential for both Congress and the judiciary to impede executive orders cannot be overlooked. A historical example occurred in 1992 when Congress repealed an order issued by then-President George H.W. Bush intended to create a human fetal tissue bank by passing legislation stating the order “shall not have any legal effect.” Congress can further restrict the implementation of an order by cutting off funding to relevant agencies.
Moreover, there can be legal challenges arguing that a president has overstepped their bounds. An illustrative case took place during the Korean War, when President Harry Truman attempted to seize steel mills; the U.S. Supreme Court ruled that he lacked the authority to commandeer private property without Congressional approval.
