Donald Trump and his team have repeatedly affirmed that they are ready to take action on January 20.
More than 24 hours after the swearing-in, we can confirm that the shoes are walking the talk, if only by noting the number of presidential decrees.
If he continued at this pace, Donald Trump could issue more decrees than the two historic champions in this area, Theodore Roosevelt and Franklin Delano Roosevelt.
But, actually, what is a presidential decree? What is its scope?
1) What the Constitution says
The president’s tool of choice for this second term finds its origins in the American Constitution and if the number signed by Donald Trump may stun and amaze, many other presidents have not hesitated to use it.
According to Article 2 of the Constitution, the president enjoys wide discretion in how best to apply the laws. We usually limit the use of executive orders to the management of federal agencies, which the new president has done.
However, a presidential decree can also be used if a law passed by Congress is unclear in its application. It is then the president who will decide.
2) A symbol, but not absolute power
A decree is also a strong way for the president to highlight his priorities. The decree then becomes a political tool that is more symbolic than practical. Donald Trump also used the executive order for this purpose.
-Yes 47e President acts quickly and forcefully, does this mean that he will be able to bypass Congress or that the Supreme Court will not be able to be challenged?
If this were the case, the executive power would have much more power than the Founding Fathers had imagined, ultimately we would no longer be talking about a democracy but a form of despotism.
3) What are the limits of the presidential decree?
The power grab that constitutes the presidential decree can sometimes be invalidated. We can already foresee contentious points in those of Donald Trump.
Forget everything about managing federal agencies, like the hiring freeze, they fall under the executive branch. On the other hand, keep an eye on measures that affect the management of immigration and immigrants themselves.
For example, the president said he would prevent children of illegal immigrants born in the United States from obtaining citizenship simply because they were born on American soil.
4) What can be the role of the Supreme Court?
By doing so, the president enters into conflict with the 14e amendment. The shock is frontal. The Supreme Court will probably be asked to look into the problem and I can’t see it ruling in favor of Donald Trump.
In his oath yesterday, Donald Trump pledged to support and defend the Constitution. We could add that he will also have to submit to it. This is the main limitation of presidential decrees.
