View source for Executive order

{{Short description|Federal administrative instruction issued by the president of the United States}}
{{About|instructions issued by the president of the United States|other uses|Executive order (disambiguation)}}
{{Distinguish|text=[[Presidential proclamation (United States)]], [[Presidential memorandum]], or [[State executive order]]}}
{{Use American English|date=October 2019}}
{{Use mdy dates|date=July 2024}}

[[File:Executive Order 9981.jpg|thumb|Example from 1948]]
[[File:Executive Order 13799.pdf|thumb|Example from 2017]]In the United States, an '''executive order''' is a [[presidential directive|directive]] by the [[president of the United States]] that manages operations of the [[Federal government of the United States|federal government]].<ref>{{cite magazine| title=What is an Executive Order?| volume=17| issue=1| date=Fall 2016| url=https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-an-executive-order-/| magazine=Insights on Law and Society| publisher=American Bar Association| issn=1531-2461| access-date=January 1, 2018}}</ref> The legal or constitutional basis for executive orders has multiple sources. [[Article Two of the United States Constitution]] gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied [[Act of Congress|Acts of Congress]] that delegate to the president some degree of discretionary power ([[delegated legislation]]).<ref name="1957print">John Contrubis, ''[[s:Executive Orders and Proclamations#1|Executive Orders and Proclamations]]'', CRS Report for Congress #95-722A, March 9, 1999, Pp. 1-2</ref> The vast majority of executive orders are proposed by federal agencies before being issued by the president.<ref>{{Cite book |last=Rudalevige |first=Andrew |url=https://books.google.com/books?id=yhICEAAAQBAJ |title=By Executive Order: Bureaucratic Management and the Limits of Presidential Power |date=2021 |publisher=Princeton University Press |isbn=978-0-691-20371-3 |language=en}}</ref>

Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to [[judicial review]] and may be overturned if the orders lack support by statute or the Constitution. Some policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes. As the head of state and head of government of the United States, as well as commander-in-chief of the United States Armed Forces, only the president of the United States can issue an executive order.

Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify or make exceptions from any executive order, whether the order was made by the current president or a predecessor. Typically, a new president reviews in-force executive orders in the first few weeks in office.

== Basis in the United States Constitution ==
The [[United States Constitution]] does not have a provision that explicitly permits the use of executive orders. [[Article Two of the United States Constitution|Article{{nbs}}II]], Section{{nbs}}1, [[Article Two of the United States Constitution#Clause 3: Electoral College|Clause{{nbs}}1]] of the Constitution simply states: "The executive Power shall be vested in a President of the United States of America." Sections{{nbs}}2 and{{nbs}}3 describe the various powers and duties of the president, including "He shall take care that the Laws be faithfully executed".<ref>[[SCOTUS]], ''[[Myers v. United States]]'', 272 U.S. 52 (1926), Majority Opinion.</ref>

The [[U.S. Supreme Court]] has held<ref>{{cite book|title=Southern Reporter: Cases argued and determined in the courts of Alabama, Florida, Louisiana, Mississippi|url=https://books.google.com/books?id=deyZAAAAIAAJ|year=1986|page=723|publisher=West Publishing Company}}</ref> that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch.<ref name="AntieauRich1997">{{cite book|last1=Antieau|first1=Chester James|last2=Rich|first2=William J.|title=Modern Constitutional Law|url=https://books.google.com/books?id=hjdDAQAAIAAJ|year=1997|publisher=West Group|volume=3|page=528|isbn=978-0-7620-0194-1}}</ref> Specifically, such orders must be rooted in [[Article Two of the United States Constitution|Article II of the US Constitution]] or enacted by the Congress in [[statutes]]. Attempts to block such orders have been successful at times, when such orders either exceeded the authority of the president or could be better handled through legislation.<ref name="Association1971">{{cite journal|last=Wozencraft|first=Frank M.|title=OLC: the Unfamiliar Acronym|journal=American Bar Association Journal|volume=57|year=1971|issue=January|url=https://books.google.com/books?id=E-3OrbDw5o8C&pg=PA35|page=33 at 35|issn=0747-0088}}</ref>

The [[Office of the Federal Register]] is responsible for assigning the executive order a sequential number, after receipt of the signed original from the White House and printing the text of the executive order in the daily ''[[Federal Register]]'' and eventually in [[Title 3 of the Code of Federal Regulations|Title{{nbs}}3 of the ''Code of Federal Regulations'']].<ref>{{Cite web|url = https://www.archives.gov/federal-register/executive-orders/|title = Executive Orders|date = August 15, 2016|website =archives.gov |publisher = [[Office of the Federal Register]] |author = President of the United States|author-link = President of the United States}}{{NARA}}</ref>

== History and use ==
With the exception of [[William Henry Harrison]], all presidents since [[George Washington]] in 1789 have issued orders that in general terms can be described as executive orders. Initially, they took no set form and so they varied as to form and substance.<ref>{{cite book |last=93rd Cong., 2nd sess. |title=Executive Orders in Times of War and National Emergency: Report of the Special Committee on National Emergencies and Delegated Emergency Powers, United States Senate |year=1974 |publisher=U.S. Govt. Print. Off |page=23}}</ref>

The first executive order was issued by Washington on June 8, 1789; addressed to the heads of the federal departments, it instructed them "to impress [him] with a full, precise, and distinct general idea of the affairs of the United States" in their fields.<ref>{{Cite news|url=http://www.washingtontimes.com/news/2014/aug/14/dibacco-the-first-president-had-a-pen-but-no-phone/|title=DiBACCO: George Washington had a pen, but no phone, for executive orders|last=DiBacco|first=Thomas V.|date=August 14, 2014|newspaper=The Washington Times|language=en-US|archive-url=https://web.archive.org/web/20160514023700/http://www.washingtontimes.com/news/2014/aug/14/dibacco-the-first-president-had-a-pen-but-no-phone|archive-date=May 14, 2016|access-date=February 4, 2017}}</ref><ref>{{Cite web |title=Founders Online: From George Washington to John Jay, 8 June 1789 |url=http://founders.archives.gov/documents/Washington/05-02-02-0335 |access-date=2024-08-02 |website=founders.archives.gov |language=en}}</ref>

According to political scientist Brian R. Dirck, the most famous executive order was by President Abraham Lincoln when he issued the [[Emancipation Proclamation]] on September 22, 1862, which in part contained explicit directions to the Army, the Navy, and other Executive departments:

{{Quote|The Emancipation Proclamation was an executive order, itself a rather unusual thing in those days. Executive orders are simply presidential directives issued to agents of the executive department by its boss.<ref>{{cite book|author=Brian R. Dirck|title=The Executive Branch of Federal Government: People, Process, and Politics|url={{google books |plainurl=y |id=wjSieiqLHzoC|page=102}}|year=2007|publisher=ABC-CLIO|page=102}}</ref>}}

Until the early 1900s, executive orders were mostly unannounced and undocumented, and seen only by the agencies to which they were directed.

That changed when the [[United States Department of State|US Department of State]] instituted a [[numbering scheme]] in 1907, starting retroactively with United States Executive Order 1, issued on October 20, 1862, by President Lincoln.<ref name=PEO>Lord, Clifford et al. ''[https://archive.org/stream/PresidentialExecutiveOrdersV1#page/n17/mode/1up Presidential Executive Orders]'', p. 1 (Archives Publishing Company, 1944).</ref> The documents that later came to be known as "executive orders" apparently gained their name from that order issued by Lincoln, which was captioned "Executive Order Establishing a Provisional Court in Louisiana".<ref>{{cite web|url=https://fas.org/sgp/crs/misc/98-611.pdf#page=4 |via=Federation Of American Scientists |first=Harold C.|last=Relyea|work=[[Congressional Research Service]]|date=November 26, 2008|id=Order Code 98-611 GOV|title=Presidential Directives: Background and Overview|page=1 |url-status=live |archive-url=https://web.archive.org/web/20201022035720/https://fas.org/sgp/crs/misc/98-611.pdf#page=4 |archive-date= October 22, 2020 }}</ref> That court functioned during the military occupation of [[Louisiana]] during the American Civil War, and Lincoln also used Executive Order{{nbs}}1 to appoint [[Charles A. Peabody]] as judge and designate the salaries of the court's officers.<ref name=PEO />

President [[Harry Truman]]'s Executive Order 10340 placed all the country's [[steel mill]]s under federal control, which was found invalid in ''[[Youngstown Sheet & Tube Co. v. Sawyer]]'', 343 US 579 (1952), because it attempted to make law, rather than to clarify or to further a law put forth by the Congress or the Constitution. Presidents since that decision have generally been careful to cite the specific laws under which they act when they issue new executive orders; likewise, when presidents believe that their authority for issuing an executive order stems from within the powers outlined in the Constitution, the order instead simply proclaims "under the authority vested in me by the Constitution".

Wars have been fought upon executive order, including the 1999 [[Kosovo War]] during President [[Bill Clinton]]'s second term in office; however, all such wars have also had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the [[War Powers Resolution]] remain unresolved constitutional issues, but all presidents since the passage of the resolution have complied with its terms, while also maintaining that they are not constitutionally required to do so.

Harry S. Truman issued 907 executive orders, with 1,081 orders made by Theodore Roosevelt, 1,203 orders made by [[Calvin Coolidge]], and 1,803 orders made by [[Woodrow Wilson]]. [[Franklin D. Roosevelt]] has the distinction of making a record 3,522 executive orders.<ref>{{Cite web |title=Executive Orders  |url=https://www.presidency.ucsb.edu/statistics/data/executive-orders |access-date=October 9, 2022 |website=The American Presidency Project }}</ref>

In 2021, President Joseph Biden issued 42 executive orders in the first 100 days of his presidency, more than any other president since Harry Truman.<ref>{{cite news |title=Biden's 1st 100 Days: A Look By The Numbers |url=https://www.npr.org/2021/04/27/988822340/bidens-1st-100-days-a-look-by-the-numbers |access-date=April 29, 2021 |work=[[NPR]] |date=April 27, 2021 |quote=he's far outpacing them on executive orders. Biden has issued 42 to date, more than any president going back to Harry Truman |first1= Jason |last1=Breslow }}</ref>

=== Franklin Roosevelt ===
Before 1932, uncontested executive orders had determined such issues as national mourning on the death of a president and the lowering of flags to half-staff.

President [[Franklin Roosevelt]] issued the first of his 3,522 executive orders on March 6, 1933, declaring a [[bank holiday]], and forbidding banks to release [[gold coin]] or [[bullion]]. [[Executive Order 6102]] forbade the hoarding of gold coin, bullion and [[gold certificate (United States)|gold certificate]]s. A further executive order required all newly mined domestic gold be delivered to the Treasury.<ref name=peters/>

By Executive Order 6581, the president created the [[Export-Import Bank of the United States]]. On March 7, 1934, he established the [[National Recovery Review Board]] (Executive Order 6632). On June 29, the president issued Executive Order 6763 "under the authority vested in me by the Constitution", thereby creating the [[National Labor Relations Board]].

In 1934, while [[Charles Evans Hughes]] was [[Chief Justice of the United States]] (the period being known as the [[Hughes Court]]), the Court found that the [[National Industrial Recovery Act]] (NIRA) was unconstitutional. The president then issued Executive Order 7073 "by virtue of the authority vested in me under the said [[Emergency Relief Appropriation Act of 1935]]", re-establishing the [[National Emergency Council]] to administer the functions of the NIRA in carrying out the provisions of the Emergency Relief Appropriations Act. On June 15, he issued Executive Order 7075, which terminated the NIRA and replaced it with the Office of Administration of the [[National Recovery Administration]].<ref>American Presidency Project, [http://www.presidency.ucsb.edu/ws/index.php?pid=15081 Executive Order 7075] (May 29, 2009).</ref>

In the years that followed, Roosevelt replaced outgoing justices of the Supreme Court with people more in line with his views: [[Hugo Black]], [[Stanley Forman Reed|Stanley Reed]], [[Felix Frankfurter]], [[William O. Douglas]], [[Frank Murphy]], [[Robert H. Jackson]] and [[James F. Byrnes]]. Historically, only George Washington has had equal or greater influence over Supreme Court appointments (as he chose all its original members).

Justices Frankfurter, Douglas, Black, and Jackson dramatically checked presidential power by invalidating the executive order at issue in ''Youngstown Sheet & Tube Co. v. Sawyer'': in that case Roosevelt's successor, Harry S. Truman, had ordered private steel production facilities seized in [[Executive Order 10340]] to support the Korean War effort: the Court held that the executive order was not within the power granted to the president by the Constitution.

== Table of U.S. presidents using executive orders ==
{| class="wikitable sortable plainrowheaders"
! [[President of the United States|President]]
! Number<br />issued<ref name="peters">{{cite web|author=Gerhard Peters|title=The American Presidency Project / Executive Orders|access-date=August 26, 2015|url=http://www.presidency.ucsb.edu/data/orders.php}}</ref><ref name="Federal Register">{{Cite web|title=Executive Orders|url=https://www.federalregister.gov/presidential-documents/executive-orders|access-date=January 21, 2021|website=[[Federal Register]]}}</ref>
! Starting with<br />EO {{Abbr|no.|number}}<ref name="peters" /><ref name="Federal Register" />
|-
| {{sortname|George|Washington|Presidency of George Washington}}
| 8
| {{N/A}}
|-
| {{sortname|John|Adams|Presidency of John Adams}}
| 1
| {{N/A}}
|-
| {{sortname|Thomas|Jefferson|Presidency of Thomas Jefferson}}
| 4
| {{N/A}}
|-
| {{sortname|James|Madison|Presidency of James Madison}}
| 1
| {{N/A}}
|-
| {{sortname|James|Monroe|Presidency of James Monroe}}
| 1
| {{N/A}}
|-
| {{sortname|John Quincy|Adams|List of executive actions by John Quincy Adams}}
| 3
| {{N/A}}
|-
| {{sortname|Andrew|Jackson|List of executive actions by Andrew Jackson}}
| 12
| {{N/A}}
|-
| {{sortname|Martin|Van Buren|Presidency of Martin Van Buren}}
| 10
| {{N/A}}
|-
| {{sortname|William Henry|Harrison}}
| 0
| {{N/A}}
|-
| {{sortname|John|Tyler|Presidency of John Tyler}}
| 17
| {{N/A}}
|-
| {{sortname|James K.|Polk|Presidency of James K. Polk}}
| 18
| {{N/A}}
|-
| {{sortname|Zachary|Taylor}}
| 5
| {{N/A}}
|-
| {{sortname|Millard|Fillmore|Presidency of Millard Fillmore}}
| 12
| {{N/A}}
|-
| {{sortname|Franklin|Pierce|Presidency of Franklin Pierce}}
| 35
| {{N/A}}
|-
| {{sortname|James|Buchanan|Presidency of James Buchanan}}
| 16
| {{N/A}}
|-
| {{sortname|Abraham|Lincoln|Presidency of Abraham Lincoln}}
| 48
| 1
|-
| {{sortname|Andrew|Johnson|Presidency of Andrew Johnson}}
| 79
| 3
|-
| {{sortname|Ulysses S.|Grant|Presidency of Ulysses S. Grant}}
| 217
| 8
|-
| {{sortname|Rutherford B.|Hayes|Presidency of Rutherford B. Hayes}}
| 92
| {{N/A}}
|-
| {{sortname|James A.|Garfield|Presidency of James A. Garfield}}
| 6
| {{N/A}}
|-
| {{sortname|Chester A.|Arthur|Presidency of Chester A. Arthur}}
| 96
| 21
|-
| {{sortname|Grover|Cleveland|Presidencies of Grover Cleveland}} (first term)
| 113
| 24
|-
| {{sortname|Benjamin|Harrison|Presidency of Benjamin Harrison}}
| 143
| 28
|-
| {{sortname|Grover|Cleveland|Presidencies of Grover Cleveland}} (second term)
| 140
| 30
|-
| {{sortname|William|McKinley|List of executive actions by William McKinley}}
| 185
| 97
|-
| {{sortname|Theodore|Roosevelt|List of executive actions by Theodore Roosevelt}}
| 1,081
| 141
|-
| {{sortname|William Howard|Taft|List of executive actions by William Howard Taft}}
| 724
| 1051
|-
| {{sortname|Woodrow|Wilson|List of executive actions by Woodrow Wilson}}
| 1,803
| 1744
|-
| {{sortname|Warren G.|Harding|List of executive actions by Warren G. Harding}}
| 522
| 3416
|-
| {{sortname|Calvin|Coolidge|List of executive actions by Calvin Coolidge}}
| 1,203
| 3886
|-
| {{sortname|Herbert|Hoover|List of executive actions by Herbert Hoover}}
| 968
| 5075
|-
| {{sortname|Franklin D.|Roosevelt|List of executive actions by Franklin D. Roosevelt}}
| 3,721
| 6071
|-
| {{sortname|Harry S.|Truman|List of executive actions by Harry S. Truman}}
| 907
| 9538
|-
| {{sortname|Dwight D.|Eisenhower|List of executive actions by Dwight D. Eisenhower}}
| 484
| 10432
|-
| {{sortname|John F.|Kennedy|List of executive actions by John F. Kennedy}}
| 214
| 10914
|-
| {{sortname|Lyndon B.|Johnson|List of executive actions by Lyndon B. Johnson}}
| 325
| 11128
|-
| {{sortname|Richard|Nixon|List of executive actions by Richard Nixon}}
| 346
| 11452
|-
| {{sortname|Gerald R.|Ford|List of executive actions by Gerald Ford}}
| 169
| 11798
|-
| {{sortname|Jimmy|Carter|List of executive actions by Jimmy Carter}}
| 320
| 11967
|-
| {{sortname|Ronald|Reagan|List of executive actions by Ronald Reagan}}
| 381
| 12287
|-
| {{sortname|George H. W.|Bush|List of executive actions by George H. W. Bush}}
| 166
| 12668
|-
| {{sortname|Bill|Clinton|List of executive actions by Bill Clinton}}
| 364
| 12834
|-
| {{sortname|George W.|Bush|List of executive actions by George W. Bush}}
| 291
| 13198
|-
| {{sortname|Barack|Obama|List of executive actions by Barack Obama}}
| 276
| 13489
|-
| {{sortname|Donald|Trump|List of executive orders by Donald Trump}}
| 220
| 13765
|-
| {{sortname|Joe|Biden|List of executive actions by Joe Biden}} (incumbent)
| 143{{efn|{{As of|df=US|2024|10|4}}.}}
| 13985
|}
{{Notelist}}

== Reaction ==
Large policy changes with wide-ranging effects have been implemented by executive order, including the [[racial integration]] of the [[military of the United States|armed forces]] under President Truman.

Two extreme examples of an executive order are Franklin Roosevelt's [[Executive Order 6102]] "forbidding the hoarding of gold coin, gold bullion, and gold certificates within the continental United States", and [[Executive Order 9066]], which delegated military authority to remove any or all people in a military zone (used to target [[Japanese Americans]], non-citizen [[Germans]], and non-citizen [[Italians]] in certain regions). The order was then delegated to [[General (United States)|General]] [[John L. DeWitt]], and it subsequently paved the way for all Japanese-Americans on the [[West Coast of the United States|West Coast]] to be sent to [[internment|internment camps]] for the duration of [[World War II]].

President George W. Bush issued [[Executive Order 13233]] in 2001, which restricted public access to the papers of former presidents. The order was criticized by the [[Society of American Archivists]] and other groups, who say it "violates both the spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 [[United States Code|USC]] 2201–07", and adding that the order "potentially threatens to undermine one of the very foundations of our nation". President [[Barack Obama]] subsequently revoked Executive Order 13233 in January 2009.<ref>{{cite web|url=https://www.whitehouse.gov/the_press_office/ExecutiveOrderPresidentialRecords/|archive-url=https://web.archive.org/web/20090122234307/http://www.whitehouse.gov/the_press_office/ExecutiveOrderPresidentialRecords/|url-status=dead|archive-date=January 22, 2009|title=Executive Order 13489 of January 21, 2009 – Presidential Records|access-date=January 22, 2009}}, ''[[Federal Register]]'' publication page and date: {{USFR|74|4669}}, January 26, 2009.</ref>

[[The Heritage Foundation]] has accused presidents of abusing executive orders by using them to make laws without Congressional approval and moving existing laws away from their original mandates.<ref>{{cite news
  | last = Gaziano
  | first = Todd F.
  | title = The Use and Abuse of Executive Orders and Other Presidential Directives
  | work = Legal Memorandum #2
  | publisher = [[The Heritage Foundation]]
  | date = February 21, 2001
| url = http://www.heritage.org/Research/LegalIssues/LM2.cfm
  | access-date = October 11, 2008
| archive-url = https://web.archive.org/web/20081019235518/http://www.heritage.org/Research/LegalIssues/LM2.cfm
  | archive-date = October 19, 2008
| url-status = dead
  }}</ref>

=== Legal conflicts ===
In 1935, the Supreme Court overturned five of Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284a and 6855).<ref>{{cite web |title=Panama Refining Company v. Ryan |url=https://www.oyez.org/cases/1900-1940/293us388 |website=Oyez |access-date=June 6, 2024}}</ref><ref>{{cite web |title=A. L. A. Schechter Poultry Corporation v. United States |url=https://www.oyez.org/cases/1900-1940/293us388 |website=Oyez |access-date=June 6, 2024}}</ref>

[[s:Executive Order 12954|Executive Order 12954]], issued by President [[Bill Clinton]] in 1995, attempted to prevent the federal government from contracting with organizations that had [[strikebreaker|strike-breakers]] on the payroll: a federal appeals court ruled that the order conflicted with the [[National Labor Relations Act]] and overturned the order.<ref>Catherine Edwards, "Emergency Rule, Abuse of Power?" ''Insight on the News'', August 23, 1999, p. 18</ref><ref>{{cite web|title=''Chamber of Commerce of the United States'', et al, v. Reich, 74 F.3d 1322 (D.C. Cir. 1996)|url=https://law.resource.org/pub/us/case/reporter/F3/074/74.F3d.1322.95-5242.html|publisher=Public.Resource.org|access-date=November 7, 2014}}</ref>

Congress has the power to overturn an executive order by passing legislation that invalidates it, and can also refuse to provide funding necessary to carry out certain policy measures contained with the order or legitimize policy mechanisms.

In the case of the former, the president retains the power to veto such a decision; however, Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a Congressional override of an executive order is a nearly impossible event, because of the [[supermajority]] vote required, and the fact that such a vote leaves individual lawmakers vulnerable to political criticism.<ref>[[Harold Hongju Koh]], ''The National Security Constitution: Sharing Power after the Iran-Contra Affair'', 1990, p. 118–19</ref>

On July 30, 2014, the [[US House of Representatives]] approved a resolution authorizing [[Speaker of the United States House of Representatives|Speaker of the House]] [[John Boehner]] to sue President Obama over claims that he exceeded his executive authority in changing a key provision of the [[Affordable Care Act]] ("Obamacare") on his own<ref>Deirdre Walsh, [http://www.cnn.com/2014/07/30/politics/gop-obama-lawsuit/index.html?hpt=hp_t2 "GOP-led House authorizes lawsuit against Obama"]. ''CNN'', July 30, 2014</ref> and over what Republicans claimed had been "inadequate enforcement of the health care law", which Republican lawmakers opposed. In particular, Republicans "objected that the [[Obama administration]] delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage".<ref>Michael McAuliff and Sam Levine, [https://www.huffingtonpost.com/2014/07/30/boehner-obama-lawsuit_n_5635416.html "House Authorizes Lawsuit Against President Obama"] ''Huff Post: Politics'', July 30, 2014,</ref> The suit was filed in the US District Court for the District of Columbia on November 21, 2014.<ref>{{cite news|url=https://www.nytimes.com/2014/11/22/us/politics/obamacare-lawsuit-filed-by-republicans.html|title=House G.O.P. Files Lawsuit in Battling Health Law|first=Ashley|last=Parker|date=November 21, 2014|newspaper=The New York Times |url-access=subscription |url-status=live |archive-url=https://web.archive.org/web/20240130024453/https://www.nytimes.com/2014/11/22/us/politics/obamacare-lawsuit-filed-by-republicans.html |archive-date= January 30, 2024 }}</ref>

Part of President [[Donald Trump]]'s executive order [[Executive Order 13769|Protecting the Nation from Foreign Terrorist Entry into the United States]], which temporarily banned entry to the US of citizens of seven Muslim-majority countries, including for permanent residents, [[legal challenges to Executive Order 13769#Darweesh v. Trump|was stayed by a federal court]] on January 28, 2017.<ref>{{cite news|url=https://www.theverge.com/2017/1/28/14427086/federal-court-halts-trumps-immigration-ban |first1=Nilay |last1=Patel |date=January 28, 2017|access-date=January 28, 2016|newspaper=[[The Verge]]|title=Federal court halts Trump's immigration ban}}</ref> However, on June 26, 2018, the US Supreme Court overturned the lower court order in ''[[Trump v. Hawaii]]'' and affirmed that the executive order was within the president's constitutional authority.<ref>"[https://www.supremecourt.gov/opinions/17pdf/17-965_h315.pdf Trump, President of the United States, Et Al v. Hawaii Et Al]", U.S. Supreme Court Docket No. 17-965, Argued April 25, 2018{{snd}}Decided June 26, 2018.</ref>

The degree to which the president has the power to use executive orders to set policy for [[Independent agencies of the United States government|independent federal agencies]] is disputed.<ref>{{cite web |date=May 29, 2020 |title=The Administration's View of Its Ability to Direct Independent Agencies |author=Dan Bosch |url=https://www.americanactionforum.org/insight/the-administrations-view-of-its-ability-to-direct-independent-agencies/ |website=AAF |url-status=live |archive-url=https://web.archive.org/web/20230705095628/https://www.americanactionforum.org/insight/the-administrations-view-of-its-ability-to-direct-independent-agencies/ |archive-date= July 5, 2023 }}</ref> Many orders specifically exempt independent agencies, but some do not.<ref>{{cite journal |url=https://www.law.georgetown.edu/georgetown-law-journal/wp-content/uploads/sites/26/2021/03/Sunstein_Vermeule_Presidential-Review-The-Presidents-Statutory-Authority-over-Independent-Agencies.pdf |title=Presidential Review: The President's Statutory Authority over Independent Agencies |author1=Cass R. Sunstein |author2=Adrian Vermeul |journal=[[Georgetown Law Journal]] |volume=109 |year=2021 |pages=637–664 |url-status=live |archive-url=https://web.archive.org/web/20240117191128/https://www.law.georgetown.edu/georgetown-law-journal/wp-content/uploads/sites/26/2021/03/Sunstein_Vermeule_Presidential-Review-The-Presidents-Statutory-Authority-over-Independent-Agencies.pdf |archive-date= January 17, 2024 }}</ref> [[Executive Order 12866]] has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions.<ref name=AdministrativeConference>Copeland CW. (2013). "[http://www.acus.gov/sites/default/files/documents/Copeland%20Final%20BCA%20Report%204-30-13.pdf Economic Analysis and Independent Regulatory Agencies]". [[Administrative Conference of the United States]].</ref><ref>{{Cite web |title=Benefit-Cost Analysis at Independent Regulatory Agencies |url=http://www.acus.gov/research-projects/benefit-cost-analysis-independent-regulatory-agencies |url-status=live |archive-url=https://web.archive.org/web/20221201002355/http://www.acus.gov/research-projects/benefit-cost-analysis-independent-regulatory-agencies |archive-date=December 1, 2022 |website=Administrative Conference of the United States}}</ref><ref>{{cite web |title=Extending Executive Order 12866 to Independent Regulatory Agencies |author1=Clark Nardinelli |author2=Susan E. Dudley |date=February 3, 2021 |url=https://regulatorystudies.columbian.gwu.edu/extending-executive-order-12866-independent-regulatory-agencies |agency=Society for Benefit-Cost Analysis |website=Regulatory Studies Center |url-status=live |archive-url=https://web.archive.org/web/20230724125518/https://regulatorystudies.columbian.gwu.edu/extending-executive-order-12866-independent-regulatory-agencies |archive-date= July 24, 2023 }}</ref><ref>{{cite web |title=Independent Regulatory Agency |website=Glossary of Regulatory Jargon |publisher=The Regulatory Group |year=2002 |url=https://www.regulationwriters.com/library/Independent%20regulatory%20agency.html}}</ref>
== State executive orders ==
{{Main|State executive order}}
Executive orders issued by state [[governor (United States)|governors]] are not the same as statutes passed by state legislatures. State executive orders are usually based on existing constitutional or statutory powers of the governor and do not require any action by the state legislature to take effect.<ref name= "https://www.colorado.governor/executive-orders">{{citation | title= About Executive Orders of the State of Colorado | url= https://www.colorado.gov/governor/executive-orders}}</ref><ref name= "https://gov.georgia.gov/executive-orders">{{citation | title= About Executive Orders of the State of Georgia | url= https://gov.georgia.gov/executive-orders}}</ref><ref name= "https://www.governor.wa.gov/office-governor/official-actions/executive-orders">{{citation | title= About Executive Orders of the State of Washington | url= https://www.governor.wa.gov/office-governor/official-actions/executive-orders}}</ref><ref name= "https://www.flgov.com/all-executive-orders">{{citation | title= About Executive Orders of the State of Florida | url= https://www.flgov.com/all-executive-orders}}</ref><ref name= "https://rules.utah.gov/executive-documents">{{citation | title= About Executive Orders of the State of Utah | url= https://rules.utah.gov/executive-documents}}</ref>

Executive orders may, for example, demand budget cuts from [[state governments of the United States|state government]] when the [[state legislature (United States)|state legislature]] is not in session, and economic conditions take a [[recession|downturn]], thereby decreasing tax revenue below what was forecast when the budget was approved. Depending on the [[state constitution (United States)|state constitution]], a governor may specify by what percentage each [[government agency]] must reduce and may exempt those that are already particularly underfunded or cannot put long-term expenses (such as [[capital expenditures]]) off until a later fiscal year. The governor may also call the legislature into [[special session]].

There are also other uses for gubernatorial executive orders. In 2007, for example, [[Sonny Perdue]], the governor of Georgia, issued an executive order for all [[government of Georgia (U.S. state)|its state agencies]] to reduce water use during a major [[drought]]. The same was demanded of [[list of counties in Georgia|its counties]]' water systems as well, but it was unclear whether the order would have the force of law.

== Presidential proclamation ==
According to political expert Phillip J. Cooper, a [[presidential proclamation]] "states a condition, declares a law and requires obedience, recognizes an event or triggers the implementation of a law (by recognizing that the circumstances in law have been realized)".<ref>Phillip J. Cooper. 2002. ''By Order of The President''. University of Kansas Press. Page 116.</ref> Presidents define situations or conditions on situations that become legal or economic truth. Such orders carry the same force of law as executive orders, the difference between being that executive orders are aimed at those inside government, but proclamations are aimed at those outside government.

The administrative weight of those proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers". Presidential proclamations are often dismissed as a practical presidential tool for policy making because of the perception that proclamations are largely ceremonial or symbolic in nature. However, the legal weight of presidential proclamations suggests their importance to presidential governance.<ref>[https://web.archive.org/web/20160225055023/http://www.polsci.uh.edu/database/aboutproc.asp Presidential Proclamations Project], University of Houston, Political Science Dept.</ref>

== See also ==
* [[Decree]]
* [[Delegated legislation]]
* [[List of United States federal executive orders]]
* [[Military fiat]]
* [[Order in council]]
* [[Ordonnance]]
* [[Presidential determination]]
* [[Presidential directive]]
* [[Presidential memorandum]]
* [[Presidential proclamation]]
* [[Signing statement (United States)]]
* [[Ukase]]

== References ==
{{Reflist|30em}}

== Further reading ==
{{Library resources box}}

* Bush, Ann M., "Executive Disorder: The Subversion of the United States Supreme Court, 1914-1940" [Amazon], 2010.
* Mayer, Kenneth R., ''With the Stroke of a Pen: Executive Orders and Presidential Power'', Princeton University Press, 2002.
* Warber, Adam L., ''Executive Orders and the Modern Presidency: Legislating from the Oval Office'', Lynne Rienner Publishers, 2006.

== External links ==
{{Commons category|Executive orders of the United States}}

{{Wikisourcecat|United States executive orders}}

* [https://www.archives.gov/federal-register/executive-orders/index.html Archive of U.S. Executive Orders]
* [http://www.intelligencelaw.com/files/pdf/law_library/crs/RS20846_3-25-2010.pdf Executive Orders: Issuance and Revocation]
* [http://www.presidency.ucsb.edu/executive_orders.php Executive Orders at The American Presidency Project]
* [http://www.llsdc.org/executive-orders-and-other-presidential-documents Executive Orders and Other Presidential Documents: Sources and Explanations]
* [https://web.archive.org/web/20091214095042/http://www.polsci.uh.edu/database/procdatabase.asp Presidential Proclamations Project]
* [http://www.sos.mo.gov/library/reference/orders/ Governor of Missouri's executive orders 2012-1982]
* [https://www.federalregister.gov/executive-orders Federal Register: The Daily Register of the United States Government]
* [https://trumpwhitehouse.archives.gov/briefing-room/presidential-actions/executive-orders White House: List of executive orders of the current US administration shortly after issue]

{{United States federal executive actions}}
{{Authority control}}

[[Category:United States executive orders| ]]
[[Category:Executive branch of the government of the United States]]
[[Category:Public administration]]
[[Category:Sources of law]]
[[Category:United States federal law]]