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Executive orders have existed since the origin of the United States of America and have been used by the President to accomplish a variety of tasks. For example, some recent orders include the dismantling of the Department of Education and an attempt to restrict birthright citizenship, but what are they, and how do they really work?
Executive orders are authorized by Article II of the Constitution, which vests the President with “executive power” over the Government. Most executive orders are directives meant to simply instruct federal officials on carrying out existing policies or telling them to prioritize certain things; in the case of the Department of Education, telling them to fire workers and move some of their spending programs elsewhere.
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Executive orders are by no means limitless, as they can’t reverse established federal statutes (written laws passed by Congress) and can’t encroach on the responsibilities of Congress, such as creating taxes, allocating funds, or magically creating new laws. For example, when Trump attempted to restrict birthright citizenship in an executive order at the beginning of his second term, he did so by declaring the executive branch would enforce a more restricted interpretation of the 14th Amendment.
Executive orders are also a lot different because they are less permanent than laws passed by Congress. Unlike Congressional legislation, Executive orders are often revoked or reversed whenever a new President takes office, making them more temporary. Executive orders can also be blocked by courts or by Congress.
While the Trump administration has utilized this method of policy very heavily, it comes with a drawback. If President Trump focused on getting legislation through Congress, although it would be more difficult, it could outlast his presidency for a long time. If an opponent of Donald Trump is elected in the future, it could easily mean the reversal of many of Trump’s actions.
