What Is an Executive Order and How Do they Work?
During his first two weeks in office, President Donald Trump signed nearly 40 executive orders, covering a wide range of policy areas from immigration to public education. Many of these orders were immediately challenged in court, raising concerns about their constitutionality and impact.
But how much power does an executive order actually hold? Can a president implement sweeping policy changes through executive orders alone? Below, we break down what executive orders are, their legal limits, and how they have been used throughout history.
What Is an Executive Order?
An executive order is a written directive signed by the president, instructing government agencies on how to execute existing laws. These orders are derived from Article II of the U.S. Constitution, which grants the president executive power and the duty to “take care that the laws be faithfully executed.”
However, executive orders cannot override federal laws passed by Congress. They are not new statutes, nor can they impose policies that contradict existing legislation.
For example, while Congress can make a drug legal or illegal, the president can use an executive order to prioritize or de-prioritize enforcement of drug laws through the Department of Justice.
What Executive Orders Can and Can’t Do
A president can issue executive orders that:
✅ Direct federal agencies on how to enforce laws
✅ Establish policy priorities within the executive branch
✅ Instruct agencies to create reports or regulations
But a president cannot:
❌ Create new laws—only Congress has that power
❌ Violate the Constitution or override federal laws
❌ Take powers from other branches, such as Congress’ control over taxation and spending
The checks and balances system ensures that executive orders do not bypass constitutional limits. If an executive order oversteps legal authority, it can be challenged in court or overturned by Congress.
How Quickly Do Executive Orders Take Effect?
Some executive orders go into effect immediately after being signed. However, many require further action from government agencies, such as:
- Conducting investigations
- Drafting new regulations
- Writing reports
These processes can take months or even years, depending on the complexity of the order.
How Can Executive Orders Be Overturned?
There are three main ways an executive order can be stopped:
- Congress passes a law overturning the order (if it falls within Congress’ legislative power).
- A court rules the order unconstitutional or in violation of federal law.
- A future president issues a new executive order rescinding or modifying the previous one.
Historical Use of Executive Orders
Every U.S. president—from George Washington to Donald Trump—has issued executive orders. Some have been landmark decisions, while others have been highly controversial.
✅ Positive examples of executive orders:
- Emancipation Proclamation (Abraham Lincoln) – Freed enslaved people during the Civil War.
- Military Integration (Harry Truman) – Ended segregation in the armed forces.
- Civil Rights Protections (Lyndon Johnson) – Required federal contractors to comply with civil rights laws.
- Voter Registration Access (Joe Biden) – Directed federal agencies to help with voter registration.
❌ Controversial examples of executive orders:
- Japanese American Internment (Franklin D. Roosevelt) – Forced relocation of Japanese Americans to internment camps during World War II.
- Civil Rights Rollback (Donald Trump) – Rescinded Johnson’s executive order enforcing civil rights protections for federal contractors.
Is Trump Misusing Executive Orders?
People have argued that Trump’s use of executive orders—especially those rolling back civil rights protections—undermines constitutional protections and harms vulnerable communities.
While some executive orders remain lawful, they can still have harmful consequences. Trump’s order rescinding civil rights protections for federal contractors did not overturn any federal laws, but it weakened enforcement and signaled a lower commitment to equal protection in employment.
Final Thoughts: The Power and Limits of Executive Orders
Executive orders are a powerful tool that can shape government policy without congressional approval. However, they must align with the Constitution and cannot create new laws.
With Trump’s executive orders already facing legal challenges, organizations like the ACLU continue to monitor and fight policies that threaten civil liberties and constitutional rights.
Would you like to see a breakdown of specific Trump executive orders and their legal challenges? Let us know in the comments!
