The good news, such as it is, is that the executive branch is only supposed to execute the law, not make it. That’s what he was elected to do.”Įizenstat himself witnessed this up close on Jimmy Carter’s first day in office, when Carter fulfilled a campaign promise by pardoning Americans who had evaded the Vietnam-era draft and issued Executive Order 11967 to facilitate the amnesty. … As long as they’re not abused, they’re perfectly permissible and even useful to set the tone of a new administration. “Executive orders are a way of getting off to a fast start and showing a sense of direction. “While I may disagree with Trump in various areas, I think it’s important in the first 100 days for presidents to show action,” he argues. Stuart Eizenstat, an attorney who served in high-level posts in the Carter and Clinton administrations, goes further. “The fact that Trump, as all presidents have done before him … is taking action is not by itself unusual,” says Mayer. But that can take an extremely long time. history, “the number of actions that have been explicitly overturned … is pretty small, we’re not talking about tens or dozens or hundreds, it’s really just a handful.”Ī subsequent president can rescind them, or Congress can pass laws declaring that it - rather than the president - holds the power on the issue. Kenneth Mayer, a professor at the University of Wisconsin-Madison and one of the foremost academic experts on executive orders, points out that of the thousands of them in U.S. Bush’s were - it will be quite difficult, since judges usually interpret presidential power broadly, especially if the legislative branch isn’t objecting. Prior experience also suggests that while it won’t necessarily be impossible to successfully challenge Trump’s executive orders in court - several of George W. The truth is that previous presidents have successfully used executive orders to make significant policy changes.
Unfortunately for those appalled by Trump’s directives, it cannot be said that the mere issuance of the orders is an outrageous departure from tradition. With President Trump issuing a flurry of executive orders in his first week in office, it’s important for everyone who opposes him to understand the history of this political tool.
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