What the president can and can't do with executive orders

Summary

Executive orders are a long-standing presidential tool, dating back to George Washington. Presidents mainly use them to direct executive-branch officials, many of whom are confirmed by the Senate, and to set priorities for their work.

Limits of executive orders

Executive orders do not replace legislation. Laws are generally passed by Congress and signed by the president, often after negotiation between the branches. Legislation can also authorize government spending; an executive order cannot direct the spending of money that Congress has not already appropriated.

Examples illustrate how executive orders can be used:

• In 1948, Harry Truman ordered the desegregation of the armed forces.
• In 1970, Richard Nixon imposed wage and price controls under authority Congress had granted him by statute. Porter describes the policy as unsuccessful while noting that Nixon was exercising authority delegated by Congress.

How executive orders can be challenged or reversed

1. Courts can review and block executive orders. Porter says nearly 30% of the executive orders issued during the first 100 days of President Trump’s second term had been challenged in court.
2. Congress can pass legislation to prevent an order from remaining in effect. A president can veto that legislation, however, so overriding the veto would require two-thirds support in both the House and the Senate.
3. A successor president can revoke executive orders, a practice Porter describes as routine.

Strengths and trade-offs

Executive orders are highly visible and can show supporters that a president is acting and in charge. But they are relatively impermanent and can be overturned.

Heavy reliance on executive orders also has an opportunity cost: time and attention devoted to executive action may not be spent negotiating and passing legislation.

Uncertain lasting effects

Executive orders may face court challenges, congressional opposition, or reversal by a later president. Porter also notes that, despite Republican control of the presidency and narrow majorities in both chambers at the time discussed, legislative activity had been limited while attention focused heavily on executive orders and actions.

Speakers and sources featured

• Roger Porter — Main speaker explaining executive orders and their limits.
• Donald Trump — Brief archival clip about signing executive orders.
• Joe Biden — Brief archival clip about signing an executive order.
• Barack Obama — Brief archival clip referring to an executive order.
• John F. Kennedy — Brief archival clip referring to an executive order.