Executive orders are nothing new. Since our nation’s birth, every President has utilized executive orders to pursue changes that align with their administration’s policy priorities. An executive order is a written directive issued by the President of the United States to manage the operations of the federal government. They are a powerful tool used to direct government agencies on how to implement laws, manage resources, or address issues in line with the president’s policy agenda. Everyone loves the party game “Two Truths and a Lie.” Can you identify which of the following statements about executive orders is false?
A. Executive orders do not require approval from Congress.
B. Executive orders override existing laws.
C. Executive orders do not directly apply to state governments.
Let’s take these statements one at a time:
A. Truth! Although executive orders have the force and effect of law, they do not require approval from Congress. Executive orders are based on the president’s constitutional authority to manage the operations of the executive branch of government, and carry out the laws passed by Congress. Article II, Section 1 grants the President broad executive power to take necessary actions to manage the executive branch and enforce the law. Article II, Section 3 outlines the President’s duty to ensure that laws are faithfully executed, which has been held to mean that the President has a responsibility to enforce laws, which can be done through the use of executive orders.
B. Lie! Executive orders cannot override laws that have been passed by Congress. An executive order must be Constitutional and must not contradict or disregard existing federal laws. Executive orders can direct how existing laws are implemented or enforced, but they cannot change the substance of the law itself. Executive orders remain a vital tool for presidents to govern effectively within the constitutional framework of checks and balances.
C. Truth! An executive order instructs federal agencies on how to interpret and carry out federal law. Executive orders generally apply only to federal agencies and matters within the federal government’s scope. They do not directly apply to state governments, as states have their own sovereignty and legislative processes. However, executive orders can indirectly influence states in numerous policy areas, including national security, immigration, education, labor and employment, and energy and natural resources, to name a few. Further, many federal programs provide funds to the states, and an executive order can set conditions for how that funding is used. In short, while executive orders don’t directly change state laws or regulations, they can shape the environment in which states operate, especially when federal resources or coordination are involved.
Bottom Line:
Executive orders carry significant weight within the executive branch and have the force of law for the President to speedily and efficiently act upon national policy directions and changes.