Executive orders are official directives issued by the President of the United States to manage federal government operations. They carry the force of law and are based on the president’s constitutional authority or powers delegated by Congress. These orders can range from routine administrative matters to significant policy shifts.

Power and Limitations

While executive orders provide presidents with a means to act independently of Congress, they are not without constraints:

1. Legal Boundaries: Executive orders must operate within existing legal parameters and can be subject to judicial review if they exceed the president’s authority.
2. Congressional Oversight: Although Congress cannot directly rescind an executive order, it can pass legislation to obstruct its implementation or cut funding for its execution.
3. Presidential Succession: Incoming presidents often issue orders to revoke those established by their predecessors.

Historical Context and Usage

Every U.S. president, except William Henry Harrison, has issued executive orders. The number varies widely, with Franklin D. Roosevelt holding the record at 3,721 orders across his four terms. Recent presidents have also made extensive use of this tool, with Trump signing 220 orders during his first term and Biden issuing over 30 in his first month alone.

Executive orders and laws passed by Congress differ in several key ways:

1. Approval Process: Executive orders are issued directly by the President without requiring Congressional approval. In contrast, laws must go through the full legislative process, including debate, amendments, and voting in both chambers of Congress before being signed by the President.
2. Constitutional Authority: Executive orders derive their authority from Article II of the U.S. Constitution, which grants executive power to the President. Laws, on the other hand, are based on Congress’s legislative powers outlined in the Constitution.
3. Scope and Applicability: Laws passed by Congress apply to the entire country and are binding on all citizens. Executive orders primarily manage federal government operations and direct federal agencies on how to implement existing laws.
4. Permanence: Laws can only be changed through the legislative process. Executive orders can be more easily altered or revoked by subsequent presidents or through judicial review.
5. Judicial Review: Both executive orders and laws are subject to judicial review and can be overturned if found unconstitutional. However, the standards for review may differ.
6. Implementation: Executive orders often provide specific directives to federal agencies on how to implement or enforce existing laws. Laws, in contrast, establish the broader legal framework that executive orders must operate within.
7. Flexibility: Presidents can use executive orders to respond quickly to emergencies or address pressing issues without waiting for Congressional action. Laws typically require more time to enact due to the legislative process.
8. Limitations: Executive orders must operate within existing legal parameters and cannot create new laws or override legislation passed by Congress. Laws passed by Congress have broader authority to establish new legal frameworks.

Congress has several ways to limit or override an executive order:

1. Pass legislation that invalidates the executive order. If the president vetoes this legislation, Congress can override the veto with a two-thirds majority in both chambers.
2. Deny funding for the implementation of the executive order through its power of the purse. By withholding necessary funds, Congress can effectively thwart an executive order that requires financial resources.
3. Hold oversight hearings or launch investigations into the executive order, which can decrease the president’s public approval rating and create political pressure.
4. Revoke an executive order by passing a measure that explicitly states the order “shall not have any legal effect,” as Congress did in 1992 to an order by President George H.W. Bush.
5. Enact new laws that contradict or supersede the executive order, as executive orders must operate within existing legal frameworks and cannot override laws passed by Congress.
6. Ratify or modify an already-issued executive order by enacting a statute, effectively shaping its implementation or scope.