On the first day, Trump signs over 80 orders: An executive order: what is it? Trump terminated birthright citizenship and proclaimed a national emergency at the US border with Mexico through his executive actions on Monday. How do these orders operate exactly? We clarify.
Donald Trump Executive Orders on Day 1: On Monday, January 20, US President Donald Trump made his first appearance at the White House. He issued a number of executive orders and revoked some instructions from the previous government.
By 9 p.m. local time, he had signed up to 80 executive orders, abolishing birthright citizenship, withdrawing from the Paris Agreement and the World Health Organization (WHO), and establishing a national emergency at the US border with Mexico.
In what specific ways do these orders facilitate the implementation of policies? Is it possible to challenge them legally? We clarify.
What is an executive order?
According to The American Bar Association, an executive order is a “signed, written and published directive from the President of the United States that manages operations of the federal government.”
According to Article II of the US Constitution, which states that “The executive power shall be vested in a president of the United States of America,” the president is empowered to make such directives. The position of president is created under Article II, which also outlines his authority as Commander-in-Chief of the armed forces, as well as the ability to pardon and commute sentences.
Executive orders are published in the Federal Register, the daily newspaper of the federal government that documents federal activities and regulations, and are sequentially numbered for reference. Proclamations and administrative directives made by the president are also included in the registry. Administrative orders address certain administrative issues of the federal government, whereas proclamations provide information on holidays, commemorations, federal observances, and trade.
Like federal agency regulations, executive orders and proclamations have legal weight behind them.
What Effects Does an Executive Order Have?
Depending on whether an executive order requires federal agency cooperation for implementation, it may go into force right away or in a few months. For instance, in 2022, following the US Supreme Court’s decision to overturn Roe v. Wade, which established constitutional protection for the right to an abortion, Biden directed health organizations to implement measures to provide access to abortion. In the months that followed, organizations enacted laws to this effect, one of which safeguarded the privacy of those who sought abortions.
The President cannot enact new laws via executive order in accordance with the division of powers between the legislative, executive, and judicial branches.
Are Executive Orders Subject to Legal Challenges?
Since executive orders are not laws, Congress does not need to approve them. Congress cannot directly revoke them; only the US president in office has the authority to do so by signing a new executive order.
However, if an order seems to go against constitutional principles or goes beyond the president’s authority, it can be subject to court review. Trump signed an order imposing a temporary travel restriction on citizens of seven Muslim-majority nations when he took office in 2017 for his first term as president. The ruling was later upheld by the US Supreme judge in 2018, although a federal judge suspended parts of it.
There have already been legal challenges to Trump’s executive order on Monday creating the Department of Government Efficiency (DOGE), an advising organization run by billionaire Elon Musk. Previous agenda items Musk has laid forth include drastically decreasing government agency funding and staffing levels. Within minutes of the announcement, public interest organizations, watchdog groups, and government employee unions filed lawsuits, according to Reuters.
Congress may occasionally decide to overrule the executive order by passing legislation and by declining to supply the funds required to carry out the policy changes it calls for. However, the president still has the power to veto such laws.
How Have Executive Orders Been Utilized Historically?
Abraham Lincoln’s “Executive Order Establishing a Provisional Court in Louisiana” was issued in October 1862, marking the beginning of executive orders during his presidency (1861–1865).
His predecessors issued formal directives that are now known as executive orders. Except for William Henry Harrison, all presidents have issued executive orders in one way or another. Franklin D. Roosevelt, the president who served the longest (1933–45), issued an astounding 3,721 directives. Calvin Coolidge signed 1,203, whereas Woodrow Wilson signed 1,803.
During his first administration, Trump issued 220 executive orders.
