Eleanor Finch
The US Constitution and existing federal laws limit what executive orders can cover. For example, for decades, executive orders have required federal agencies to assess the costs and benefits of proposed regulations that affect areas like environmental quality, food safety, and Medicare and Medicaid. Executive orders are typically used to manage the internal operations of federal agencies and employees under the president’s control. They can be issued at all levels of government (federal, state, and local). Constitutional provisions and doctrines apply to these executive orders and may limit their applicability or legality.
| Characteristics | Values |
|---|---|
| Executive orders | Directives from the president of the United States to shape federal policy |
| Can be used to manage the internal operations of federal agencies and employees under the president's control | |
| Must be rooted in one of the president's powers as outlined in the US Constitution or a law passed by Congress | |
| Can affect the capacity of federal agencies to perform their functions, including protecting public health | |
| Can be used to rescind prior executive orders related to pandemic response, public health-related environmental protections, DEI initiatives, etc. | |
| Can establish commissions to address public health issues, such as the Make America Healthy Again Commission | |
| Constitutional provisions | Apply to executive orders and may limit their applicability or legality |
| Equal protection rights | Guaranteed by the Fourteenth Amendment and enforced by laws such as the Americans with Disabilities Act and the Civil Rights Acts |
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What You'll Learn
Executive orders
Executive Order 14148, for instance, rescinded prior executive orders related to pandemic response, public health–related environmental protections, DEI initiatives, and more. It also established the Make America Healthy Again Commission, which is made up of officials from many federal agencies, including the National Institutes of Health and the Centers for Disease Control and Prevention. The commission is tasked with developing a strategy to address a chronic disease crisis among children.
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Federal laws
Executive orders must be rooted in one of the president's powers as outlined in the US Constitution or a law passed by Congress. This means that the US Constitution and existing federal laws limit what executive orders can cover. For example, executive orders have required federal agencies to assess the costs and benefits of proposed regulations that affect areas like environmental quality, food safety, and Medicare and Medicaid.
The Fourteenth Amendment to the US Constitution guarantees equal protection rights, which are enforced by laws such as the Americans with Disabilities Act and the civil rights acts. These laws help to ensure that public health measures do not discriminate against certain groups or individuals.
While executive orders can be a powerful tool for protecting public health, they generally do not act like far-reaching, new federal laws. They are not typically used to thwart judicial rulings or undermine constitutionally sound laws. Instead, they are often used to manage the internal operations of federal agencies and employees under the president's control.
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Equal protection rights
The US Constitution and existing federal laws limit what executive orders can cover. For example, executive orders have required federal agencies to assess the costs and benefits of proposed regulations that affect areas like environmental quality, food safety, and Medicare and Medicaid.
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The Fourteenth Amendment
Executive orders can be used to protect public health by directing the operations of federal agencies. For example, Executive Order 14148, which established the President's Make America Healthy Again Commission, is made up of officials from many federal agencies, including the National Institutes of Health and the Centers for Disease Control and Prevention. The commission is tasked with developing a strategy to address a chronic disease crisis among children.
Executive orders can also be used to assess the costs and benefits of proposed regulations that affect areas like environmental quality, food safety, and Medicare and Medicaid. By directing the operations of federal agencies, executive orders can affect their capacity to perform their functions, including protecting health.
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The Supreme Court
Executive orders are typically used to manage the internal operations of federal agencies and employees under the president’s control. They are written directives from the president of the United States to shape federal policy in specific ways. While executive orders can be issued at all levels of government (federal, state, and local), this explainer focuses only on federal executive orders. Federal executive orders are typically used to manage the internal operations of federal agencies and employees under the president’s control.
Executive orders generally do not act like far-reaching, new federal laws, nor have executive orders generally been used to thwart judicial rulings or undermine constitutionally sound laws. However, constitutional provisions and doctrines apply to these executive orders and may limit their applicability or legality. For example, Executive Order 14148 rescinds prior executive orders related to pandemic response, public health–related environmental protections, DEI initiatives, and more.
These provisions include, for example, Equal protection rights guaranteed by the Fourteenth Amendment (and laws enforcing those rights — such as the Americans with Disabilities Act and the civil rights acts).
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Frequently asked questions
Executive orders are written directives from the president of the United States to shape federal policy. They are typically used to manage the internal operations of federal agencies and employees under the president's control. For example, executive orders have required federal agencies to assess the costs and benefits of proposed regulations that affect areas like environmental quality, food safety, and Medicare and Medicaid.
Federal executive orders can affect the capacity of public health agencies to perform their functions by directing the operations of federal agencies. The Supreme Court has explained that executive orders must be rooted in one of the president's powers as outlined in the US Constitution or a law passed by Congress.
Constitutional provisions and doctrines, including equal protection rights guaranteed by the Fourteenth Amendment and laws enforcing those rights, such as the Americans with Disabilities Act and the civil rights acts, apply to executive orders and may limit their applicability or legality.
