Presidential powers | Can Donald Trump’s executive orders be overturned?

Donald Trump signed a multitude of executive orders shortly after he was sworn in on Monday, in line with his promises of radical changes upon his return to power. The United States’ withdrawal from the Paris Agreement on climate change, the return to office of federal officials and the crackdown on illegal immigration were at the forefront.

The decree is the instrument of choice for new presidents to launch their administration. Executive orders—the most formal type of presidential “executive action,” conferred by Article II of the U.S. Constitution—are official declarations by the president on how U.S. federal agencies should use their resources, within the parameters established by Congress and the Constitution.

As commander in chief, the president can also sign executive orders targeting the military.

But executive orders have limits in scope and duration — many of the executive orders signed by Mr. Trump on Monday revoked those issued by President Joe Biden (as Mr. Biden did in succeeding Mr. Trump in 2021). Their implementation can also be slowed or reversed by legal challenges or congressional objections.

When do the decrees take effect?

In some cases, almost immediately. On Monday, Donald Trump pardoned almost all the Capitol insurgents and ordered that those still incarcerated be released as of Monday evening. Some decrees, such as the directive to federal agencies to improve purchasing power, are general in scope and require time. Others will likely be challenged in court.

Read our article “Trump erases the crimes of January 6”

Can decrees be annulled?

New presidents frequently overturn the executive orders of their predecessors. In 2020, Joe Biden campaigned on a promise to reverse the direction taken by Mr. Trump during his first term. He did this in part by signing a series of decrees in the first weeks of his mandate. (Some of Mr. Trump’s executive orders on Monday resurrect measures from his first term, such as withdrawing from the Paris Agreement.)

Executive orders do not require congressional approval and cannot be directly overturned by it. However, Congress can block them by withholding funds or adopting measures that make it more difficult to implement.

Mr. Trump could overcome most political obstacles, however, because Republicans control the House of Representatives, the Senate and the presidency.

Decrees can be challenged in court. In 1952, when President Harry S. Truman attempted to take control of the nation’s steel mills by executive order to avoid a worker strike during the Korean War, the Supreme Court ruled that he did not have the power to seize private property without an act of Congress.

On Monday, Mr. Trump signed an executive order giving TikTok a 75-day reprieve. However, legal experts say companies that host or distribute the social network could be held liable for violating the ban, which was passed by Congress and upheld by the Supreme Court. Another Trump executive order ending land law is already being challenged in multiple courts by 22 states and several civil society groups.

Which president has signed the most executive orders?

Mr. Trump signed 220 executive orders during his first term, according to the American Presidency Project at the University of Santa Barbara. That’s more than Mr. Biden’s 162, but both figures are far fewer than President Franklin D. Roosevelt’s 3,721 executive orders during his four terms, from March 1933 to his death in April 1945. (The two-term presidential limit was officially set by the 22^e amendment, ratified in 1951. Mr. Trump often suggests that he would like to serve more than two terms.)

What is the difference between an executive order and an executive action?

Executive orders are part of the executive actions available to the president. There are also presidential proclamations and administrative orders such as memoranda and notices.

Presidential memorandums are a step below executive orders and outline the administration’s position on a general policy issue. These memoranda and other administrative orders – such as notices, letters, and messages from the office of the president – ​​are used to manage administrative matters of the federal government.

Proclamations are presidential statements communicating information to the public, such as announcing holidays and ceremonial events, formally announcing information (such as Joe Biden’s statement on the death of former President Jimmy Carter) , and the announcement of decisions that fall within the powers of the president, such as certain trade and foreign affairs policies. They are also used to announce graces.

How do decrees differ from laws?

Executive orders have the force of law, like regulations established by federal agencies, although they require only presidential authority. Laws come from a bill introduced to Congress and must pass the House and Senate before being signed by the president.

This article was originally published in the Washington Post.

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