What is an Executive Order?  What are the Limits of Its Power?  Why Do Presidents Use Them?



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

New Presidents often use “Day One” executive orders to move their policy agendas forward.  What are the different kinds of presidential orders, what are their limitations, and why do Presidents use them?

Since John F. Kennedy, presidents have averaged 269 executive orders over their terms.  Since 1907, each order receives a number, and all are cataloged at the National Archives.    There are three kinds of orders, according to Dr. Bert Rockman of Purdue University.   Executive orders are written orders, usually on  more weighty issues such as national emergencies or setting uniform policy for government action.    

Written presidential memoranda, authorize or freeze projects, share official positions with Congress, outline treaties and international affairs, and other policy matters.  Memoranda are not required to be published or public.  A third type are proclamations, such as a proclamation celebrating Juneteenth.   Pardons and clemency are not executive orders, but rather a separate power granted by the Constitution.

Gridlock resulting from the failure of Congress to compromise on legislation often stimulates presidents to use more executive orders, as presidents struggle to move their policies forward.  But executive orders can also be blocked by Congress or court review, as President Trump found out in his first term “Muslim Ban”, and may find again as he tries to end “birthright citizenship,” an action widely seen as unconstitutional.

Find more on the history of presidential orders at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:

American Bar Association – (2021) What Is an Executive Order?

Dr. Bert Rockman, Purdue University – (2021) Executive Orders & Presidential Power
NPR – (2017) Executive Order Or Memorandum? Let’s Call The Whole Thing An ‘Action’
PBS – What is an executive order? Here’s what the tool can and can’t do
ACLU Washington – (2020) Timeline of Donald Trump’s Muslim Ban
NBC 4 NY- Is Donald Trump’s plan to end birthright citizenship viable?

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U.S. Election Assistance Commission – Register And Vote in Your State


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