What is an executive order?

On his first day in office, President Biden issued 17 executive actions to address his administration’s most pressing priorities.

Under the United States Constitution, the legislature (Congress) has the power to make laws. The executive branch is responsible for applying and enforcing these laws.

Sometimes the president can function as a legislator in his own right by issuing an executive order, although Congress generally construes that authority more narrowly than the President.

Executive orders are issued to help the executive branch carry out its duties, and they have the force of law. The authority of order comes either from a power granted to the President by the Constitution or from the power delegated to the President by Congress in a specific act.

Like laws adopted in the usual way: decreed by Congress and signed by the President; executive orders can be reviewed by the courts and can be revoked. They may also be superseded by new legislation or new executive orders.

Executive orders are useful when urgent action is needed and can provide direction until the formal process of legislating occurs. One of the most famous decrees in American history was the 1863 emancipation proclamation of President Abraham Lincoln.

During his first six years in office, President Obama issued 194 executive orders. Bush issued 291 and Bill Clinton issued 364 during his tenure.

What Is The Difference Between A Law And An Executive Order?

What is an Executive Order and how does it work?

US President Barack Obama approves immigration reform through an Executive Order. That is, by decree. What is it and how does it work?

Like other US presidents since George Washington, Barack Obama had to pass numerous Executive Orders during his tenure. According to the American Presidency Project, which compiles information on all presidential decrees, up to now there have been 193. Obama is thus placed below the ranking compared to his direct predecessors such as George W. Bush (291), Bill Clinton (364) or Ronald Reagan. (381).

This legislative tool has always been appreciated by the Executive Branch in the United States to pass laws when they did not have the approval of Congress. The custom refers to the US Constitution, which grants the president in office broad executive powers with great powers. Although the approval of laws by decree is not explicitly contemplated in the Magna Carta, it is not explicitly prohibited either and it has been a common practice since the first president George Washington.

hard to repeal

The Executive Order approved by the President has the force of law. It does not require the approval of the Legislative Power (of the chambers) and, like any law, it may be reviewed by the courts and should not violate other laws in force or the Constitution itself. Congress does not have the power to suspend these laws or declare them invalid, but it can approve others that limit their scope of action.

Faced with these limitations, the president could interpose his veto and, to lift that presidential veto, a two-thirds majority in both houses of Congress would be necessary. That is, in the Senate and in the House of Representatives. Such majorities are rare, and for this reason, most Executive Orders tend to remain in effect until the end of the president’s term in office. Afterwards, his successor will be able to revoke the decree of the predecessor.

numbered instrument

The president’s Executive Orders are often criticized by the opposition and even by some deputies from the party in the presidency, since they limit the role of Parliament as a legislature. However, it is and will continue to be an important instrument of the US government. Especially in relation to laws considered necessary by the president when he does not have the necessary support in Congress. All Executive Orders of all presidents are identified by a number. On this occasion, President Barack Obama’s order for immigration reform will be published as EO 13682.