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Civics For Grownups: What is an Executive Order? /1
Does a president write or “pass” laws? Nope. That’s Congress. (though the Exec Branch may be involved in a consultative capacity.) /2
Recall that the president's Constitutional duty is to "see that the laws are faithfully executed." /3
Laws passed by Congress often need clarification and more specifics before they get enforced. /4
For example, Congress might require that "diseased meat be kept out of the food supply through inspections"... /5
But Congress might leave it up to the exec branch to decide what counts as "diseased" and how to specifically "inspect" slaughterhouses /6
So the executive branch needs to interpret the law, and make it more specific (via rules at the Dept of Agriculture) /7
Note: Congress has also written laws that tell the exec branch how to make some of those rules and regulations /8 archives.gov/federal-regist…
There are a whole range of "executive actions" that the president and the exec branch can take to help enforce the law /9
Executive Orders are one of those types of actions--we can monitor EOs b/c Congress required they be disclosed /10 presidency.ucsb.edu/data/orders.ph…
You’ll notice from that link that the era from Teddy Roosevelt to Harry Truman saw the greatest frequency in use of EO’s - by far. /11
Presidents can also issue secret National Security memos, Presidential memoranda, and other orders--some of which we don't know about /12
Most of these are routine and uncontroversial. While they are in effect, they tell exec branch employees what to do. /13
Some controversial executive actions are closer to lawmaking itself, which treads on Congress' powers. /14
Presidents are on thin ice when they try to make law with executive actions. /15
Their orders can be challenged and overturned (or upheld) by the courts, the Congress, or the next president. /16
Want a book? Check out Philip Cooper: By Order of the President. /17 amazon.com/Order-Presiden…
Want a podcast? Listen to A Few Reasonable Words (our podcast!), episode 24 /18 afewreasonablewords.libsyn.com/ep-24-presiden…
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