Executive Orders
According to the Federal Register, Joe Biden has issued 24 Executive Orders in the first ten days of his Presidency. Is that a lot? Well if he continues at that rate, it would be, as that would translate to roughly 72 a month, 864 a year or 3456 over his first term. That would be a record. Only Franklin Delano Roosevelt issued more (3,721), and that was over three terms and a few months, and with a war on. It is unlikely that President Biden will keep up that pace. But one may wonder, just what is an Executive Order, and how can a President issue an order that has the force of law, without Congressional oversight or the usual checks and balances that come with the making of laws?
An executive order is a directives to the federal government in the United States, from by the President of the United States, that manages the operations of the federal government. Much like a business owner or manager has the power to set rules for how his or her business will be conducted, so too can the President give similar directions about how the business of the Executive Branch of government must run its operations. As this might suggest, there are limits to what can be done by executive orders. For instance, the President can't create or raise a tax, or order someone imprisoned. The legal basis for executive orders finds its authority in Article Two of the United States Constitution, which gives the president broad executive and enforcement authority to use his or her discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. A secondary source is found within expressed or implied authority in Acts of Congress that delegate to the president some degree of discretionary power.
The United States Constitution does not have a provision that explicitly permits the use of executive orders. However Article II, Section 1, Clause 1 of the Constitution states: "The executive Power shall be vested in a President of the United States of America." Sections 2 and 3 describe the various powers and duties of the president, including "he shall take Care that the Laws be faithfully executed".
In the same way as statutes passed by legislative bodies, or regulations promulgated by government agencies, executive orders are subject to judicial review by the courts. They may be overturned if the orders lack support by statute or the Constitution. The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. More specifically, executive orders must be rooted in Article II of the US Constitution or enacted by the Congress in statutes. There have been times when attempts to block such orders have been successful, when those either exceeded the authority of the President.
Executive orders can have tremendous influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in tinkering with policy choices in the implementation of broad statutes. Presidential executive orders, once issued, remain in force until they are canceled, revoked, struck down by a court, or expire on their terms. A president can revoke, modify, or make exceptions from any executive order, whether the order was made by the current president or a predecessor. As has been the case with President Biden, a new president reviews in-force executive orders in the first few weeks in office.
The Office of the Federal Register is responsible for assigning the executive order a sequential number (a practice that began during the administration of Theodore Roosevelt), after receipt of the signed original from the White House and printing the text of the executive order in the daily Federal Register and eventually in Title 3 of the Code of Federal Regulations.
William Henry Harrison is the only President who did not issue any Executive Orders. John Adams, James Madison and James Monroe only issued one each (and the latter were two term Presidents). As mentioned earlier, FDR issued the most (3,721) followed by Woodrow Wilson (1,803), Calvin Coolidge (1,203) and Theodore Roosevelt (1,081). Behind the cut below is a table from the Federal Register showing how many Executive Orders each President issued during his Presidency. This month we will look at some of the more memorable ones and their significance in history.
An executive order is a directives to the federal government in the United States, from by the President of the United States, that manages the operations of the federal government. Much like a business owner or manager has the power to set rules for how his or her business will be conducted, so too can the President give similar directions about how the business of the Executive Branch of government must run its operations. As this might suggest, there are limits to what can be done by executive orders. For instance, the President can't create or raise a tax, or order someone imprisoned. The legal basis for executive orders finds its authority in Article Two of the United States Constitution, which gives the president broad executive and enforcement authority to use his or her discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. A secondary source is found within expressed or implied authority in Acts of Congress that delegate to the president some degree of discretionary power.
The United States Constitution does not have a provision that explicitly permits the use of executive orders. However Article II, Section 1, Clause 1 of the Constitution states: "The executive Power shall be vested in a President of the United States of America." Sections 2 and 3 describe the various powers and duties of the president, including "he shall take Care that the Laws be faithfully executed".
In the same way as statutes passed by legislative bodies, or regulations promulgated by government agencies, executive orders are subject to judicial review by the courts. They may be overturned if the orders lack support by statute or the Constitution. The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. More specifically, executive orders must be rooted in Article II of the US Constitution or enacted by the Congress in statutes. There have been times when attempts to block such orders have been successful, when those either exceeded the authority of the President.
Executive orders can have tremendous influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in tinkering with policy choices in the implementation of broad statutes. Presidential executive orders, once issued, remain in force until they are canceled, revoked, struck down by a court, or expire on their terms. A president can revoke, modify, or make exceptions from any executive order, whether the order was made by the current president or a predecessor. As has been the case with President Biden, a new president reviews in-force executive orders in the first few weeks in office.
The Office of the Federal Register is responsible for assigning the executive order a sequential number (a practice that began during the administration of Theodore Roosevelt), after receipt of the signed original from the White House and printing the text of the executive order in the daily Federal Register and eventually in Title 3 of the Code of Federal Regulations.
William Henry Harrison is the only President who did not issue any Executive Orders. John Adams, James Madison and James Monroe only issued one each (and the latter were two term Presidents). As mentioned earlier, FDR issued the most (3,721) followed by Woodrow Wilson (1,803), Calvin Coolidge (1,203) and Theodore Roosevelt (1,081). Behind the cut below is a table from the Federal Register showing how many Executive Orders each President issued during his Presidency. This month we will look at some of the more memorable ones and their significance in history.