Ruling Through Executive Order – Why This Can Spell Trouble Under A Trump Presidency
What Are Executive Orders?
Executive Orders are Presidential decrees that have the force and effect of law. Presidential orders do not require prior consent or ratification from Congress, Judiciary, or the People of the United States. Executive Orders can dismantle or rescind prior presidential executive orders and many legal scholars argue, by doing so, effectively make new law.
Executive Orders, however, can be subsequently challenged by the courts or even be overwritten by Congress. But such a congressional attempt would be problematic, if it turns out the same President who issued the executive order is necessary to sign the proposed legislation into law. This is why the independent role of the Judiciary is so important, since only this branch of government can determine whether an Executive Order is constitutional.
There are also Presidential Memorandum that have an equivalent effect, but are directed at pronouncing broad policy directives. Executive Orders are assigned a number and are published by the official Federal Registry of the United States.
The use of Executive Orders can be abused and have been widely criticized for resembling authoritarian decrees, especially when they adversely impact established law such as labor protections, access to health and human services, interstate and international commerce, social security, immigration, energy, environmental protection, education and the making of war and peace.
Can Executive Orders Impact You Directly?
Yes. Given the current political polarization of Congress, President Trump is using his Executive Power to make all kinds of changes that can directly and profoundly impact the health and welfare of American lives.
For each of the major Trump Executive Orders, we will identify the likely winners and losers and the degree to which the American experience will be shaped by these orders.
Review Trump’s Key Executive Orders: