As Donald Trump returns to the White House for a second term, he is poised to immediately begin reshaping the government using one of the fastest tools available to him — the executive order. This is a common strategy for new presidents, as it allows them to take swift action without needing Congressional approval. However, executive orders have limitations, and the Trump administration will need to navigate potential legal and political challenges.
What Are Executive Orders?
Executive orders are official, written directives issued by the president to manage the operations of the federal government. These orders can instruct federal agencies on how to implement policies, request reports, or outline major national strategies. While some orders are minor, such as giving federal employees additional time off, others address significant issues like creating regulations or directing agency actions.
During his first term, Trump signed 220 executive orders, and his use of this tool is expected to intensify as he re-enters office. For example, President Biden signed an order to establish a framework for regulating artificial intelligence. However, many orders are used by presidents to pursue policies they cannot push through Congress.
New presidents often use executive orders to reverse the actions of their predecessors. The American Bar Association notes that these orders do not require Congressional approval and cannot be overturned directly by lawmakers. However, Congress can hinder their implementation by cutting funding or adding legislative barriers.
Throughout U.S. history, there have been thousands of executive orders. President George Washington signed eight, while Franklin D. Roosevelt issued a staggering 3,721 during his time in office. Trump’s 220 orders during his first term were part of a long-standing tradition of using this tool to quickly implement policy changes.
Trump’s Executive Orders: Political Messaging and Day-One Promises
During his campaign, Trump promised to issue as many as 100 executive orders on his first day in office. These orders are expected to address key issues such as immigration, border policies, federal workforce regulations, school gender policies, and COVID-19 vaccine mandates. For example, he has signaled a focus on deportations and plans to revisit the development of TikTok in the U.S.
Trump’s legal team has requested Rep. Jeff Van Drew to draft an order halting the development of offshore wind energy projects. Many of these measures are anticipated to face opposition from Democrats, who are likely to challenge them in court or through legislative actions.
Limits of Executive Orders
Despite their power, executive orders have limits. Congress and the courts can both potentially block or nullify executive orders. A notable example is from 1992, when Congress revoked a George H. W. Bush executive order to establish a human fetal tissue bank for scientific research by passing legislation that rendered the order void. Additionally, Congress can withhold funding from federal agencies, making it difficult for some orders to be enforced.
Moreover, legal challenges can arise if a president is perceived to have exceeded his constitutional authority. A famous case involved President Harry Truman, who tried to seize steel mills during the Korean War, but the U.S. Supreme Court ruled that he lacked the legal authority to take private property without Congressional approval.
While executive orders allow a president to take swift action, they are not without limitations. Trump’s return to the White House will likely see a significant number of executive orders aimed at fulfilling campaign promises, but these orders could face substantial legal and political opposition. The real challenge for the Trump administration will be navigating the complex legal landscape that surrounds executive power and ensuring that these orders have a lasting impact.
Read More : Biden Grants Pardons To Fauci And Milley To Protect Against Potential Retaliation From Trump
