How do executive orders work? - Christina Greer

Summary

The Emancipation Proclamation, issued by Abraham Lincoln in 1863, was an executive order that freed over 3 million enslaved Black people across ten states. While not a law, executive orders carry the weight of law and are issued by the president without Congress' permission. They are subject to judicial review and can be reversed by future presidents. Executive orders are used for a variety of purposes, from implementing policies to responding in crises. Throughout history, they've had significant impact—both positive and negative—such as FDR's New Deal programs or the internment of Japanese Americans during WWII.

Takeaways

• 😀 The Emancipation Proclamation, issued by Abraham Lincoln, was an executive order that freed over 3 million enslaved people.
• 😀 An executive order isn't a law, but it can carry the weight of one and is enforceable like a law.
• 😀 The process of passing a law involves Congress, whereas an executive order bypasses Congress and is issued solely by the president.
• 😀 Executive orders are subject to judicial review and can be invalidated if deemed unconstitutional by the courts.
• 😀 The next president can eliminate an executive order by issuing a new one, especially when a former president's order no longer aligns with their policies.
• 😀 Presidents often use executive orders during times of crisis or when they need to act without Congressional approval, though not all orders are related to emergencies.
• 😀 Many executive orders focus on directing federal agencies and clarifying how legislation should be enforced or implemented.
• 😀 Some of the most famous executive orders, like FDR’s WPA or Truman’s desegregation of the armed forces, have had a significant positive impact on history.
• 😀 Executive orders can also be used for harmful or exclusionary purposes, such as FDR’s internment camps for Japanese-Americans during World War II.
• 😀 Over time, the use of executive orders has expanded, with modern presidents issuing orders related to faith-based initiatives, federal agencies, and scientific research.
• 😀 While Congress and the judiciary can challenge executive orders, the time it takes to enact these challenges often means the orders can have an immediate and lasting effect on policy.

Q & A

What is an executive order?

An executive order is an official directive issued by the president of the United States that carries the weight of law. It is not a law itself, but it has the same enforceability as a law and is used to manage the operations of the federal government.

How does an executive order differ from a law?

An executive order is issued by the president without the need for congressional approval, whereas a law is passed through Congress and signed by the president. Executive orders are typically used to direct federal agencies, clarify policies, or address emergencies, whereas laws require a lengthy legislative process.

Can an executive order be overturned?

Yes, executive orders can be overturned. A new president can revoke an executive order, and the judiciary has the power to invalidate any executive order deemed unconstitutional.

What are some common uses of executive orders?

Executive orders are commonly used to manage federal agencies, direct policy enforcement, clarify existing legislation, or take quick action in times of crisis. They can also expand or limit the power of agencies and influence national policy.

Why did Abraham Lincoln issue the Emancipation Proclamation?

Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, to change the legal status of over 3 million enslaved blacks in ten Confederate states from 'slave' to 'free' in an effort to weaken the Confederate war effort during the Civil War.

What is the historical significance of FDR's executive orders?

Franklin D. Roosevelt's executive orders, particularly those creating the Works Progress Administration (WPA), had a profound impact on American society, helping to build infrastructure and provide employment during the Great Depression. His orders also expanded federal power during times of crisis.

What role do the courts play in relation to executive orders?

The courts can review executive orders to ensure they are constitutional. If an executive order is found to be an overreach of presidential power or violates the Constitution, the courts have the authority to invalidate it.

Can Congress counteract an executive order?

Yes, Congress can pass legislation that contradicts or nullifies an executive order, although this requires the approval of both the House and Senate, as well as the president's signature. If the president vetoes the legislation, Congress can override the veto with a supermajority.

What was the impact of FDR's 1942 executive order regarding Japanese-American internment?

FDR's 1942 executive order authorized the military to target and relocate Japanese-Americans, as well as German-Americans and Italian-Americans, into internment camps during World War II. This decision was widely criticized for its racial prejudice and violations of civil liberties.

What trends have emerged regarding the use of executive orders in recent U.S. presidencies?

Since Lyndon Johnson, presidents have increasingly used executive orders to establish faith-based initiatives, create federal agencies, and remove barriers to scientific research. The number of executive orders issued each year has remained high, with modern presidents issuing around 300 orders on average.