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Executive Orders and Public Policy: An In-Depth Examination

Guy Powell

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Published in Calling The Shots: The President Executive Orders And Public Policy

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Executive orders are a type of directive issued by the president of the United States. They have the force of law and can be used to establish or modify policies, programs, and regulations.

Calling the Shots: The President, Executive Orders, and Public Policy

by Daniel P. Gitterman

4.7 out of 5

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Executive orders are a powerful tool that presidents can use to make policy changes without having to go through the legislative process. This can be a particularly useful tool in times of crisis or when Congress is gridlocked.

However, executive orders are not without their critics. Some argue that they give the president too much power and that they can be used to bypass the checks and balances of the American political system.

History of Executive Orders

The first executive order was issued by George Washington in 1789. Since then, presidents have issued thousands of executive orders on a wide range of topics, including:

Establishing new agencies or programs
Modifying existing policies or regulations
Addressing national emergencies
Implementing international agreements

Some of the most famous executive orders include:

The Emancipation Proclamation (1863)
The New Deal (1933-1939)
The Executive Order on Japanese Internment (1942)
The Affordable Care Act (2010)

Purpose of Executive Orders

The purpose of executive orders is to provide the president with a way to make policy changes without having to go through the legislative process. This can be a useful tool in times of crisis or when Congress is gridlocked.

Executive orders can also be used to implement international agreements or to interpret existing laws. For example, President Obama issued an executive order in 2012 to implement the Deferred Action for Childhood Arrivals (DACA) program, which allows certain undocumented immigrants who were brought to the United States as children to remain in the country and work legally.

Scope of Executive Orders

The scope of executive orders is limited by the Constitution. The president cannot use executive orders to:

Declare war
Levy taxes
Spend money
Create new laws

Executive orders must also be consistent with existing laws. If an executive order is challenged in court, it may be struck down by a judge if it is found to be unconstitutional or illegal.

Judicial Review of Executive Orders

Executive orders are subject to judicial review. This means that courts can review executive orders and strike them down if they are found to be unconstitutional or illegal.

In recent years, there have been a number of legal challenges to executive orders. For example, the Supreme Court ruled in 2016 that President Obama's executive order on DACA was unconstitutional.

Executive orders are a powerful tool that presidents can use to make policy changes. However, they are not without their limits. Executive orders must be consistent with the Constitution and existing laws, and they are subject to judicial review.

The use of executive orders has been controversial in recent years. Some argue that presidents have abused their power to issue executive orders, while others argue that executive orders are a necessary tool for presidents to use to address the challenges facing the country.

The debate over executive orders is likely to continue as presidents grapple with the complex issues facing the nation.

Calling the Shots: The President, Executive Orders, and Public Policy

by Daniel P. Gitterman

4.7 out of 5