How do executive orders work, anyway?
Can the President just order anything he wants? What can these orders do, and what can't they do?
We’ve sure had a flurry of executive orders this week, haven’t we? So what exactly are these? Are they limited, or can a President order anything he wants to?
As we’ve seen already, he can try — but there are plenty of ways by which they can be challenged. The intent of an executive order is for a President to direct the operations of the federal government, but it has to be within the scope of executive authority. For example, a President could order a specific private citizen or company to do something — but they’d have every right to laugh and ignore it, because those parties are not government agencies. One exception to this (see below) is if an existing law already requires that person or company to do something; the order can compel them to do it with federal authority.
Executive orders can:
Guide Federal Agencies: They can direct how federal agencies execute and enforce laws.
Example: President Kennedy's executive order 10925 established affirmative action.
Clarify or Interpret Laws: They can provide instructions on how to implement existing laws.
Example: President Truman’s executive order 9981 desegregated the armed forces.
Respond to Emergencies: They can take immediate actions during emergencies when swift government action is necessary.
Example: President Roosevelt’s executive order 9066 authorized the internment of Japanese Americans during World War II.
Create Task Forces or Committees: They can establish advisory groups or commissions to address specific issues.
Example: President Obama’s executive order creating the White House Council on Women and Girls.
Implement Foreign Policy: They can impose sanctions, regulate trade, or direct diplomatic actions.
Example: President Carter’s executive order imposing sanctions on Iran during the hostage crisis.
Executive orders cannot:
