Dakota Beacon

How many executive orders did President Trump sign? By what authority does he execute executive orders? Are executive orders even constitutional? Here are some answers.

An executive order is a presidential action that directs federal agencies on how to operate. It carries the effect of law if it is in keeping with constitutional powers. Executive orders can also revoke or amend previous orders. Presidential actions also include memorandums and proclamations.

The constitutional basis for the executive order is the President’s broad power to issue executive directives. According to the Congressional Research Service, there is no direct “definition of executive orders, presidential memoranda, and proclamations in the U.S. Constitution; there is, likewise, no specific provision authorizing their issuance.”

But Article II of the U.S. Constitution vests executive powers in the President. It makes him the commander in chief and requires the President to “take Care that the Laws be faithfully executed.” Laws passed by Congress can also give additional powers to the President.

While an executive order can have the same effect as a federal law under certain circumstances, Congress can pass a new law to override an executive order subject to a presidential veto.

Using executive orders as political humbug, the Biden administration did its best to foil and complicate Trump’s transition into his second term in the White House. What was Trump to do? Experience from his first term taught Trump valuable lessons he never forgot.

In Trump’s first week in office over 350 executive actions (orders, memoranda, and proclamations) were issued. Many of these actions revoked Biden’s executive orders and even actions by former presidents. Trump revoked some of Lyndon Johnson’s executive orders. By any other terminology, this was known as “cleaning house.”

Trump moved so fast that his opponents had no time to regroup. What appears to be overwhelming would be normal in Trump’s world. The rapidity with which he issued his executive actions on his first day took the world by surprise. But then he had been preparing for this day even before his election. Trump had his transition team in place before he was elected. Rather than wait until inauguration day and the availability of federal funds, he set up his team in advance paying for the transition team out of his own pocket. He started early, worked fast, and money was no obstacle. Plus, there were no government money strings attached, and the team members eventually became his cabinet nominees. Perfect.

The question has been asked, “Are Trump’s executive orders any way to govern? Isn’t this the behavior of a dictator?” No, it is not the behavior of a dictator. If anything, it is business as usual.

Trump’s use of executive orders is not without precedent. Every President since George Washington used the executive order power in various ways. Washington’s first orders were for executive departments to prepare reports for his inspection, and a proclamation about the Thanksgiving holiday. Following Washington, other Presidents made significant decisions via executive orders and presidential proclamations.

Here is a laundry list of American presidents using executive orders and other executive actions: Joseph Biden 160, Donald Trump (1^st term) 220, Barack Obama 276*, George W. Bush 291*, William Clinton 364*, George Bush 166, Ronald Reagan 381*, Jimmy Carter 320, Gerald Ford 169, Richard Nixon 346*, Lyndon Johnson 325, John F. Kennedy 214, Dwight Eisenhower 484*, Harry S. Truman 907* (*signifies 2 terms).

Start with the premise that the Founding Fathers, authors of the US Constitution, were not stupid. Executive actions were never meant to grant the President authoritarian powers. Executive actions (executive orders, executive memorandums, and the like) are part and parcel of a system of checks and balances countering a weak, do-nothing Congress. Such actions by the President would off-set an ineffective or highly politicized legislative branch enabling the federal government to administer the Affairs of State.

Executive orders are ephemeral. Before the dust settles on his first year in office, even before his first 100 days in office, Trump will follow up with an aggressive legislative package to codify his executive actions with laws passed by Congress. This will cement his legacy. Will he get everything he wants? Probably not. Will he get most of what he wants? Probably so. He is a consummate dealmaker working on behalf of America.

Dennis M. Patrick can be contacted at (JavaScript must be enabled to view this email address).