What is an Executive Order?
An executive order is an official statement issued by a president or other high-ranking government official that has the force of law. It can be used to declare, modify, or enforce government policy, and is a powerful tool for presidents to control their country’s policy. Executive orders can make sweeping changes to a country’s laws and policies, or can make more limited changes, such as blocking certain people from entering the United States.
History of Executive Orders
Executive orders have been used since the early days of the United States. The first president, George Washington, issued eight executive orders during his two terms in office. President Abraham Lincoln, who issued the most executive orders with over 400, used them to issue the Emancipation Proclamation, which freed all slaves in areas of rebellion against the United States.
Today, executive orders remain a key tool for presidents of both major political parties, to help shape their nation’s future. Since 1933, every president except Gerald Ford has issued at least one executive order.
How an Executive Order is Issued
When a president wishes to issue an executive order, they will typically first seek the advice of their cabinet, including the attorney general. If a president decides to issue an executive order, they will put the order in writing and a copy is sent to the Federal Register, an official site where all executive orders are publicly available for review. Once the executive order is entered into the Federal Register, it is immediately binding.
Types of Executive Orders
There are two main types of executive orders: directive orders, which are orders that tell government officials and departments what to do, and regulatory orders, which are orders that create, modify, or remove federal regulations. Directive orders generally stay in place until they are revoked or amended, while regulatory orders are subject to review by courts and other government agencies.
Pros and Cons of Executive Orders
Executive orders can be an effective way for a president to make quick and decisive changes to the laws and policies of their nation. This can be particularly useful when Congress is unable or unwilling to act on an issue. On the other hand, executive orders can be controversial and open the president up to criticism from the public and from other branches of government.
Examples of Notable Executive Orders
• President Franklin D. Roosevelt’s Executive Order 9066, issued in 1942, which resulted in the detention of Japanese-Americans during World War II.
• President Harry Truman’s Executive Order 9835, which created loyalty boards to investigate all federal employees for ties to communist and other “subversive activities”.
• President John F. Kennedy’s Executive Order 10925, which established the Equal Employment Opportunity Commission to address discrimination in the workplace.
• President Lyndon B. Johnson’s Executive Order 11102, which implemented the Civil Rights Act of 1964.
• President Barack Obama’s Executive Order 13603, which created the White House Office of Urban Affairs to address economic issues facing economically depressed areas in the United States.
• President Donald J. Trump’s Executive Order 13780, which suspended the entry of individuals from eight countries into the United States.
Limitations on Executive Orders
Despite their potential power, executive orders are subject to limitation from both the courts and from Congress. In the United States, courts can strike down executive orders if they believe them to be unconstitutional or in violation of the law. Congress can also block executive orders by passing legislation that prevents the president from taking certain actions, or by passing laws that countermand an executive regulation.
Executive orders are an important and powerful tool for presidents to shape their nation’s future. While they can be controversial, executive orders have been used by presidents from many different political parties to create sweeping changes to policy. While executive orders are subject to limitations from the courts and Congress, they remain a powerful way to quickly enact policies without dealing with the stagnation of Congress.