What’s the deal with executive orders?
No, not THAT kind of executive order.
Hey so how do executive orders work? Can Biden make whatever he wants happen with no oversight?
-Lost
Nope. America fought a war to prevent that exact thing from happening. You might have heard of it? Happened around the 1770-80s? Involved an English guy called George they didn’t like very much.
In the US, the president is the head of the executive branch of government. The job of the executive is to enact and enforce the laws sent to it by Congress. As head of the executive, the president can issue executive orders directing that branch to do what they want. The official White House website says the orders “direct executive officers or clarify and help implement existing laws“.
So they’re not unlimited. The president can’t create laws, but through an executive order can enforce a particular interpretation of a law. One area where the president has massive power for example is foreign policy, which is why Trump’s travel ban via executive order was allowed to happen. Same with the Paris Climate Agreement.
One big thing an executive order can’t do is spend money that Congress hasn’t allocated to the executive branch.
Now of course, sometimes presidents overreach and the executive orders are challenged. Then it’s up to the Supreme Court to step in and make a ruling.
Great stuff as always, Pete! What are the limitations of an executive order? If the COVID bill meets significant resistance in the Senate, why not just issue an executive order instead?
-Executive question
Remember when I said an executive order can’t spend money not allocated to the executive? That’s why Biden can’t just make his COVID-19 relief bill happen with an executive order. He also wants to change some of the tax code, which is Congress’ job to approve. The $15-an-hour national minimum wage is also something that Congress would need to sign off on.
Sensing a theme here? The constitution gives Congress has what’s is commonly called the “power of the purse”. Which ultimately gives it say on almost any law in the US (most require funding in some capacity).
