Executive orders give the president a lot of power. He can enact policies and directives at his discretion but executive orders are subject to control, financial and judicial, by Congress and by the courts. They are powerful presidential tools but they are not dictatorial in power.
A fuller explanation of Executive orders
Presidential executive orders are official directives issued by the President of the United States to manage the operations of the federal government. They are a powerful tool that allows presidents to quickly implement policies without needing approval from Congress.
A simple breakdown of executive orders:
- Purpose: Executive orders instruct federal agencies and officials to take specific actions or change how they operate.
- Authority: The president’s power to issue executive orders comes from Article II of the U.S. Constitution, which gives the president executive authority over the federal government. [near dictatorship but see *** below]
- Scope: Executive orders can cover a wide range of issues, from significant policy changes to routine administrative matters.
- Implementation: Once signed, executive orders take effect immediately, though some may require additional steps by government agencies to be fully implemented.
- Limitations: *** Executive orders cannot create new laws or override existing ones. They are subject to judicial review and can be challenged in court if they lack constitutional or statutory support.
- Duration: Executive orders remain in effect until they are canceled, revoked, found unlawful, or expire on their own terms. New presidents often review and may revoke orders issued by their predecessors.
- Examples: Executive orders can address various topics, such as environmental policies, immigration rules, or federal employee regulations.
Executive orders are a powerful tool BUT they are not permanent and can be changed by future presidents or challenged through legal means.
PROTECTION against dictatorship:
Executive orders can be overturned by Congress, but the process is not straightforward.
How Congress can challenge executive orders:
- Passing legislation: Congress can pass a law that invalidates or modifies an executive order. However, this approach has limitations:
- The president can veto the legislation, requiring a two-thirds super majority in both houses of Congress to override the veto.
- Funding control: Congress can refuse to provide funding necessary to implement certain policy measures contained in an executive order, effectively thwarting its execution.
- Incorporation into new laws: Congress can incorporate executive orders into new legislation, potentially modifying or nullifying their effects.
Executive orders cannot override federal laws and statutes. The system of checks and balances ensures that no single branch of government becomes too powerful. While Congress has the authority to challenge executive orders, the process is complex and often subject to political considerations.
