The Power of Executive Orders in the US: What Every Citizen Should Know

Image by The White House, titled “President Donald J. Trump Meets with Republican Leaders,” available at Flickr under CC BY 2.0.

Executive Orders (EOs) play a crucial role in shaping policies and directing government operations in the United States. Many citizens hear about executive orders in the US, but few fully understand how they work, their limits, and their impact on daily life. This guide explains everything you need to know about presidential executive orders, their history, power, and consequences.

What Are Executive Orders?

Executive orders definition: An Executive Order (EO) is a directive issued by the President of the United States that manages operations within the federal government. While not laws, EOs carry the weight of law and must be followed unless overturned by the courts or Congress. The authority to issue EOs comes from Article II of the Constitution, granting the President broad powers over executive agencies.

EOs are recorded and published in the Federal Register, making them part of the official documentation of US governance. They have been used for everything from military actions to civil rights reforms.

For example, Franklin D. Roosevelt issued EO 9066 during World War II, authorizing the internment of Japanese Americans.

Who Has the Authority to Issue Executive Orders?

Only the President of the United States can issue an EO. These orders guide federal agencies in enforcing laws and policies. While executive orders vs. laws differ significantly, EOs enable the President to act swiftly without waiting for Congress to pass legislation.

For instance, President Barack Obama issued EO 13672, which prohibited discrimination based on sexual orientation or gender identity in federal contracts.

This was seen as a significant step in advancing LGBTQ+ rights.

How Do Executive Orders Work?

The process of issuing an EO follows a structured path:

The President drafts an order with legal and policy advisors.

The order is signed and sent to the Office of the Federal Register.

The EO is published in the Federal Register, becoming public and enforceable.

Federal agencies are instructed to implement the EO’s directives.

The purpose of executive orders is to manage government operations efficiently. However, they cannot contradict existing federal laws.

For example, President Joe Biden issued EO 13985 to advance racial equity in federal agencies, instructing them to address systemic barriers in policies and programs.

Executive Orders vs. Laws: What’s the Difference?

Unlike laws passed by Congress, executive orders (EOs) do not require legislative approval. However, they are subject to judicial review, meaning the Supreme Court can declare an EO unconstitutional if it exceeds presidential authority. While both executive orders and laws serve as mechanisms for governance, they differ significantly in their creation, scope, and limitations.

Creation and Approval Process

Laws: Proposed by members of Congress (House or Senate), debated, and must be passed by both chambers before being sent to the President for approval or veto. Once signed, they become legally binding.

Executive Orders: Issued unilaterally by the President without congressional approval. They take immediate effect upon signature and publication.

Scope and Enforcement

Laws: Apply broadly to citizens, businesses, and government agencies, often setting regulations or establishing rights.

Executive Orders: Primarily direct federal agencies on how to execute existing laws but do not create new laws themselves.

Judicial Review and Constitutional Limits

Laws: Can be challenged in court but are generally presumed constitutional unless overturned by the Supreme Court.

Executive Orders: Can be challenged more easily in courts. If deemed unconstitutional or outside the President’s authority, the Supreme Court can invalidate them.

Duration and Reversibility

Laws: Remain in effect unless repealed by Congress, declared unconstitutional, or amended.

Executive Orders: Can be revoked, modified, or replaced by a future President. For example, President Trump’s EO 13769 (the Travel Ban) was later revoked by President Biden’s EO 14028.

Congressional Oversight and Power

Laws: Congress has full oversight authority through amendments, funding restrictions, and repeals.

Executive Orders: Congress can override an EO by passing a new law that conflicts with it, or by restricting funding necessary for its implementation.

Real-World Examples

Laws in Action: The Affordable Care Act (ACA) was passed by Congress and signed by President Obama, requiring all Americans to have health insurance or pay a penalty.

Executive Orders in Action: President Biden signed an EO rejoining the Paris Climate Agreement, directing federal agencies to prioritize climate policies, but without requiring new congressional approval.

Historical Impact of Executive Orders

Throughout history, EOs have played a major role in shaping the nation. Some of the most notable executive orders include:

Emancipation Proclamation (1863) – Abraham Lincoln used an EO to free enslaved people in Confederate states.

Creative Commons. “Attribution 2.0 Generic (CC BY 2.0).” Available at Creative Commons.

Desegregation of the Military (1948) – Harry Truman’s EO 9981 ended racial segregation in the armed forces.

Internment of Japanese Americans (1942) – Franklin D. Roosevelt’s EO 9066 forcibly relocated Japanese Americans during World War II.

Image by U.S. National Archives, titled “Japanese Americans Transferring from Train to Bus at Lone Pine, California,” available at GetArchive under Public Domain.

The Travel Ban (2017) – Donald Trump’s EO 13769 restricted entry into the US from several Muslim-majority countries, sparking significant legal and public opposition.

These famous executive orders highlight their potential for both positive and controversial impacts.

The Most Controversial Executive Orders in US History

While many EOs have been widely accepted, others have sparked significant debate:

EO 9066 (1942) – Franklin D. Roosevelt – Led to the forced relocation and internment of over 100,000 Japanese Americans during WWII.

EO 13769 (2017) – Donald Trump – Commonly known as the “Travel Ban,” this order was criticized as discriminatory and faced numerous legal challenges.

EO 10340 (1952) – Harry Truman – Attempted to nationalize the steel industry but was struck down by the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer.

EO 13233 (2001) – George W. Bush – Restricted public access to presidential records, raising concerns about government transparency.

EO 13535 (2010) – Barack Obama – Restricted the use of federal funds for abortion services, angering both pro-life and pro-choice activists.

These examples illustrate how EOs can be used to enforce policy, sometimes pushing the limits of presidential power.

Can Executive Orders Be Overturned?

EOs can be reversed or blocked in several ways:

A New President Revokes It – Presidents often overturn their predecessor’s EOs. Example: Biden revoking Trump’s travel ban.

Congress Passes a Law – If Congress disagrees with an EO, they can pass legislation to override it.

The Supreme Court Declares It Unconstitutional – Courts can strike down EOs if they exceed presidential authority.

These limitations of executive orders ensure they remain within constitutional bounds.

How Executive Orders Shape Policy and Government

EOs are one of the most effective tools a president can use to direct government action, influencing policies across a broad spectrum of issues. They allow the president to bypass the lengthy legislative process, making swift changes to national and international policies.

Immigration Policy

Presidents have used EOs to establish, modify, or rescind immigration policies.

Example: Deferred Action for Childhood Arrivals (DACA) – President Obama’s EO allowed undocumented immigrants who arrived in the U.S. as children to receive protection from deportation.

Example: Travel Ban (EO 13769) – President Trump’s EO restricted entry into the U.S. from several Muslim-majority countries, sparking controversy and multiple legal challenges.

Healthcare Regulations

Presidents frequently use EOs to regulate health policies, including prescription drug pricing and federal healthcare programs.

Example: Trump’s EO on Prescription Drug Costs (EO 13948) – Aimed at lowering drug prices by allowing Medicare to negotiate costs.

Example: Biden’s EO on Strengthening Medicaid and the Affordable Care Act (EO 14009) – Expanded healthcare access and reversed previous restrictions on ACA enrollment.

Climate and Environmental Policy

EOs have been a significant tool in shaping climate policy, particularly in advancing or reversing regulations on environmental protection.

Example: Biden’s EO 13990 – Rejoined the Paris Climate Agreement, reversing Trump’s withdrawal.

Example: Trump’s EO on Energy Independence (EO 13783) – Rolled back Obama-era environmental regulations to promote domestic energy production.

EOs help presidents act quickly, especially during emergencies, but they also raise concerns about bypassing Congress.

Where to Find and Track Executive Orders

To stay informed about new EOs, check official sources:

Federal Register – Executive Orders

White House Executive Actions

News outlets and government watchdog organizations

Understanding where to find EOs ensures transparency and accountability.

Why Every Citizen Should Care About Executive Orders

EOs influence daily life in ways many people don’t realize:

Tax policies and economic regulations

Gun control and healthcare mandates

Civil rights protections and federal hiring practices

Citizens can engage with EOs through voting, petitions, and legal challenges. Staying informed about the power of executive orders helps ensure government accountability.

Executive orders in the US are a powerful tool for shaping national policy. While they allow presidents to act swiftly, they must be used within constitutional limits. Understanding how executive orders work, their history, and their impact helps citizens engage in informed discussions about governance. By staying aware of presidential executive orders, individuals can better understand the actions of their leaders and advocate for policies that align with their values.

References

Immigration Policy – U.S. Citizenship and Immigration Services. Deferred Action for Childhood Arrivals (DACA).

Healthcare Policy – U.S. Department of Health & Human Services. Trump Executive Orders on Prescription Drug Costs.

Climate and Environmental Policy – The White House. Biden Rejoining the Paris Climate Agreement.

The Balance of Power and Concerns – The Brookings Institution – Executive Orders and Their Impact on Governmental Power.