What are decrees? The powerful tool used by American presidents

EPA

Trump signed 220 executive orders during his previous term

Executive orders are a key tool for any US president wanting to make his mark on government policy – ​​and it appears Donald Trump will waste no time returning to the White House.

He is expected to sign more than 200 decrees on Monday. This will include executive orders, which are legally binding, and other presidential directives, such as proclamations, which are generally not.

Trump has promised orders that will accelerate artificial intelligence programs, create the Department of Government Effectiveness (Doge), make documents related to the 1963 assassination of John F. Kennedy available, order the military to create an Iron Dome missile shield and eliminate diversity. , the Army’s Equity and Inclusion (DEI) policies.

During his previous term, he signed 220 decrees, some of which were challenged in court.

What is a decree?

Why do presidents issue them?

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Roosevelt issued several thousand orders

Sometimes the orders are issued in times of war or to avert a domestic crisis. In February 1942, President Franklin D. Roosevelt signed an executive order that led to the creation of detention centers for approximately 120,000 Japanese Americans.

In 1952, President Harry Truman issued an executive order placing the steel industry under government control in an attempt to avoid a strike.

On his first day in office, January 20, 2021, Biden signed an order beginning the process of rejoining the 2015 Paris climate agreement, from which his predecessor Trump officially withdrew. Biden's Secretary of State, Antony Blinken, said it was “to help all of us avoid catastrophic global warming.”

Who can overthrow them?

An executive order must operate within the confines of the law and, in theory, each is “reviewed by the Office of Legal Counsel for form and legality.” This doesn't always happen.

If an order is found to fall outside the bounds of what is acceptable, it may be subject to legal review.

Congress can also pass a law to overturn the executive order, but the president still has a veto over that law, the Constitution Center explained.

Why are they politically sensitive?

The executive orders are controversial because they bypass congressional approval, allowing the president to act on his own.

Republicans successfully sued Obama over part of his health care changes in 2010, arguing that he exceeded his constitutional authority by unilaterally delaying the insurance coverage deadline.

Trump's travel ban on certain Muslim-majority countries was highly controversial, and Biden ended it as soon as he entered the White House.

A president can also issue an order when members of Congress are moving too slowly or when he believes he needs to flesh out the details of a new law.

How often are decrees issued?

Franklin D. Roosevelt issued the most orders – 3,721 during his 12 years in office, while Woodrow Wilson and Calvin Coolidge signed 1,803 and 1,203, respectively.

Trump signed 220 executive orders during his first term.

By comparison, Joe Biden has issued 160 executive orders, and Barack Obama and George W Bush, who both served two consecutive terms, have issued 277 and 291, respectively.

Can a new president overturn his predecessor's orders?

In recent times, presidents have increasingly used their executive orders to undo the work of their predecessors.

In 2017, Trump began with an executive order targeting Obamacare.

Biden revoked the Trump administration's emergency declaration that helped fund construction of a wall along the Mexican border and also ended a travel ban on some majority-Muslim countries.

He also brought the United States back to the Paris climate accord.

Now that Trump is returning for a second term, he has pledged to sign a series of executive orders moments after his inauguration, covering issues ranging from immigration and deportations to the environment and transgender rights.

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