Donald Trump is back in the White House, ready to make changes using the quickest tool – executive order.
On his first day as president, he is looking to increase domestic energy production and halt diversity, equity, and inclusion programs within the federal government, which will be some of his immediate actions.
A new president signing a slew of executive orders is common practice. Executive orders allow a president to exercise power without the need for Congress to act. But there are limits to what the orders can accomplish.
What is an executive order?
Essentially, they are signed statements about how the president wants the federal government to be run. They can be instructions to federal agencies or requests for reports.
Many executive orders can be unopposed. They can also set out major policies. For example, former President Joe Biden signed an order to create a regulatory framework for artificial intelligence. But executive orders are also used by presidents to pursue their own agendas that cannot be pushed through Congress.
New presidents can – and often do – issue orders to overturn the orders of their predecessors.
Orders do not require congressional approval and cannot be overturned directly by lawmakers. However, Congress can block an order from being implemented by removing funding or creating obstacles.
How common are executive orders?
Throughout U.S. history, there have been thousands of executive orders, according to data compiled by the University of California's American Presidency Project. George Washington signed eight executive orders, while Franklin Delano Roosevelt signed 3721.
During his first term, Trump signed 220.
And Joe Biden signed 160 by December 20th of last year.
Trump has projected to sign as many as 100 executive orders on his first day, possibly covering deportations, the U.S.-Mexico border, energy production, rules for federal employees, school gender policies and vaccine mandates. He has also promised to sign an executive order to give more time to sell TikTok.
RESTRICTIONS
Both Congress and the courts can block executive orders.
For example, Congress in 1992 revoked an executive order by then-President George HW Bush that would have created a “bank” of human fetal tissue for scientific research, passing a measure that the order “shall have no legal effect.” Congress can also deny funding to agencies and block implementation of the order.
There are also legal challenges based on the argument that a president has exceeded his legal authority. When President Harry Truman tried to seize steel mills during the Korean War, the U.S. Supreme Court said he lacked the authority to take private property without authorization from Congress.