Eleanor Finch
Executive orders are written directives issued by the president to agents of the executive branch, ordering the government to take specific actions. They are not legislation and do not require approval from Congress. However, executive orders must be rooted in the president's powers as outlined in the Constitution or in a law passed by Congress. While Congress cannot directly modify or revoke an executive order, they can use methods such as withholding funding to restrain executive orders. Federal courts can also review and overturn executive orders if they are found to be unconstitutional or exceeding the president's authority.
| Characteristics | Values |
|---|---|
| Approval from Congress | Not required |
| Overturning an executive order | Only a sitting president may overturn an existing executive order by issuing another executive order to rescind it |
| Congressional override | Congress may override a veto with a two-thirds majority vote |
| Congressional approval | Congress can approve an executive order after it is issued by including its text in a statute |
| Powers | Executive orders cannot override federal laws and statutes |
| Checks and balances | Congress can enact a law that reverses what the president has done |
| Constitutional authority | Executive orders must be rooted in the president's powers as outlined in the Constitution or in a law passed by Congress |
| Judicial review | Federal courts can be called on to review an order's lawfulness and determine whether it is a valid exercise of the president's power |
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What You'll Learn
Executive orders do not require congressional approval
Executive orders are written, signed directives from the President of the United States that manage operations of the federal government. They are numbered and published in the Federal Register, the official journal of the federal government.
While executive orders do not require congressional approval, they are subject to judicial review and may be overturned by federal courts if found to be unconstitutional or exceeding the scope of a President's authority. For example, several of President Trump's executive orders were challenged in court, including an order restricting birthright citizenship and an order banning transgender people from serving in the military.
Additionally, Congress can use other methods to restrain executive orders, such as by withholding funding for programs created by an executive order or passing a new law to override an executive order. However, this requires a two-thirds "supermajority" vote, which is rare and politically difficult.
In summary, while executive orders do not require congressional approval, they are subject to checks and balances from the legislative and judicial branches of government.
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Congress can't directly modify or revoke an executive order
Congress cannot directly modify or revoke an executive order. This is because executive orders are not legislation and do not require approval from Congress. They are signed, written, and published directives from the President of the United States that manage operations of the federal government.
Executive orders are rooted in Article II of the US Constitution or enacted by Congress in statutes. They are subject to judicial review and may be overturned if they lack support by statute or the Constitution. The authority of executive orders is not final, and federal courts can be called on to review an order's lawfulness and determine whether it is a valid exercise of the president's power.
While Congress cannot directly modify or revoke an executive order, it can pass legislation that might make it difficult or impossible to carry out the order, such as removing funding. Congress can also pass a new law to override an executive order, but only for those orders enacted "pursuant to powers delegated to the President" by Congress.
The President, on the other hand, has the power to modify or revoke an executive order issued during their term or by a predecessor. This is because executive orders generally do not have expiration dates.
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Executive orders must be rooted in the Constitution
Executive orders are written directives, signed by the president, that order the government to take specific actions to ensure "the laws be faithfully executed". They are not legislation and do not require approval from Congress. However, executive orders must be rooted in the Constitution to be permissible and have legal effects.
Article II of the Constitution vests the president with executive power over the government, including the obligation to "take care that the laws be faithfully executed". The authority to issue executive orders is generally accepted as part of the president's power as the country's executive. The U.S. Supreme Court has held that all executive orders from the president must be supported by the Constitution, whether from a clause granting specific power or by Congress delegating such power to the executive branch. Specifically, such orders must be rooted in Article II of the Constitution or enacted by the Congress in statutes.
The president cannot use an executive order to sidestep the checks and balances in the Constitution, and they cannot take over powers from other branches, such as the power vested in Congress to pass new statutes or in the courts to invalidate certain laws as unconstitutional. Executive orders cannot override federal laws and statutes, and they cannot preempt the legislative process. If the president exceeds their lawful authority or violates the Constitution, the courts will be called on to provide justice.
The delegation of discretionary power to make such orders is required to be supported by either an expressed or implied congressional law, or the Constitution itself. The vast majority of executive orders are proposed by federal agencies before being issued by the president. Like legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if they lack support by statute or the Constitution. Federal courts can be called on to review an order's lawfulness and determine whether it is a valid exercise of the president's power. No president can issue an order that contradicts or violates the Constitution, federal laws, or Americans' fundamental rights.
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Executive orders can be stopped by Congress
Executive orders are written, signed directives from the President of the United States that manage operations of the federal government. They are not legislation and do not require approval from Congress. However, executive orders cannot override federal laws and statutes, and they must be rooted in the Constitution.
While Congress cannot directly modify or revoke an executive order, there are several methods by which Congress can restrain executive orders. Congress can enact a law that reverses what the President has done, provided it has the constitutional authority to legislate on the matter. Congress can also use its power over taxation, spending, and certain war powers to make implementation difficult or even impossible. For example, Congress can refuse to provide funding for certain policy measures.
Congress can also grant additional powers to the President by statute, including the use of executive orders to achieve goals. For example, Congress has granted the President the power to "suspend the entry of all aliens or any class of aliens" if it is deemed detrimental to the interests of the United States.
In addition, executive orders are subject to judicial review and may be overturned by federal courts if found to be unconstitutional or exceeding the scope of a President's authority. This has occurred several times, such as when a federal appeals court determined that the Trump administration did not have the authority to withhold federal funding from "sanctuary cities".
Therefore, while Congress does not directly approve or overturn executive orders, it can take several actions to stop or limit their implementation.
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Executive orders can be overturned by federal courts
Executive orders are signed, written directives from the President of the United States that order the government to take specific actions. They are not legislation and do not require approval from Congress. However, executive orders cannot override federal laws and statutes, and the President cannot use them to take over powers from other branches, such as the power vested in Congress to pass new statutes.
For example, during Trump's first term, a federal appeals court overturned an executive order withholding federal funding from "sanctuary cities," upholding Congress's constitutional power to set the rules for federal grants. Federal courts can also temporarily block executive orders, such as in the case of Trump's plan to end birthright citizenship.
The Supreme Court has also played a role in reviewing executive orders, adopting a "rational basis" review standard in the late 1930s. Under this standard, an executive order would survive a due process challenge if it was rationally related to a legitimate governmental purpose. However, the Supreme Court has not established a uniform standard governing the level of scrutiny courts must give to executive orders.
In summary, while executive orders do not require approval from Congress, they can be overturned by federal courts if they are found to violate the Constitution, federal laws, or Americans' fundamental rights. This judicial review process helps to maintain the system of checks and balances in the American government.
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Frequently asked questions
No, executive orders do not require approval from Congress. However, they must be supported by either an expressed or implied congressional law, or the constitution itself.
Yes, Congress can overturn an executive order by passing legislation that invalidates it or removing its funding. However, only a sitting U.S. President may overturn an existing executive order by issuing another executive order.
No, the President cannot write a new statute with an executive order. However, an executive order can have the same effect as a federal law under certain circumstances.
