Executive Orders

If you've been paying attention to the news lately, you've probably heard the phrase "executive order" more than usual. In early 2025, executive orders started flying at a pace the country hadn't seen in nearly a century. But what actually is an executive order? How is it different from a law? And if Congress doesn't like one, can they do anything about it?

What Is an Executive Order?

An executive order is a written directive signed by the president that tells federal agencies how to do their jobs. Think of it this way: Congress writes the laws, and the president is in charge of carrying them out. Executive orders are one of the main tools a president uses to say, "Here's how I want these laws carried out."

Executive orders have the force of law within the executive branch—meaning federal agencies must follow them. But they are not laws in the way that legislation passed by Congress is. A president can sign one without a single vote from anyone.

The legal authority comes from Article II of the Constitution, which says "the executive Power shall be vested in a President" and that the president "shall take Care that the Laws be faithfully executed." That's it. The Constitution never actually uses the words "executive order"—presidents have been filling in the blanks since George Washington.

Every executive order is numbered, published in the Federal Register (the government's official daily journal), and becomes part of the public record. The numbering system was introduced in 1907 and retroactively applied back to an order issued by Abraham Lincoln in 1862.

Executive Orders vs. Laws: What's the Difference?

This is the most important distinction to understand. Here's a side-by-side comparison:

Executive Order	Law (Legislation)
Signed by the president alone	Must pass the House, the Senate, and be signed by the president
Takes effect immediately	Can take months or years to negotiate and pass
Primarily directs federal agencies	Can apply to all Americans, businesses, and institutions
The next president can revoke it with a stroke of a pen	Requires new legislation to repeal or amend
Cannot spend money (only Congress controls the budget)	Can authorize and appropriate spending
Cannot contradict existing law or the Constitution	Must be constitutional (subject to judicial review)

The bottom line: executive orders are fast but fragile. A president can act quickly and unilaterally, but the next president can undo everything just as fast. Laws are slow but durable—they require consensus but they stick.

When Can a President Use Executive Orders?

The Supreme Court set the ground rules in a landmark 1952 case called Youngstown Sheet & Tube Co. v. Sawyer. President Truman had tried to seize private steel mills during the Korean War, claiming it was necessary for national defense. The Court said: no.

Justice Robert Jackson's opinion in that case laid out three "zones" of presidential power that courts still use today:

Zone 1: Strongest

The president acts with Congress's authorization. This is where presidential power is at its maximum—both branches agree.

Zone 2: Uncertain

Congress hasn't spoken on the issue. The president may or may not have authority, depending on the circumstances.

Zone 3: Weakest

The president acts against Congress's will. This is where executive power is at its lowest ebb and most likely to be struck down by courts.

What Can Congress Do About Executive Orders?

If you're thinking "wait, can a president just do whatever they want?"—the answer is no. The system of checks and balances gives Congress and the courts several ways to push back.

Pass a Law to Override It

Congress can pass a law that supersedes or blocks an executive order. If the president vetoes that law, Congress can override the veto with a two-thirds vote in both chambers. This is the most powerful check—but also the hardest, because it requires enough votes to overcome a veto.

Cut Off the Money

This is sometimes called "cutting off the EO at its knees." Only Congress can appropriate federal funds. If Congress refuses to fund the implementation of an executive order, the order may exist on paper but can't actually be carried out. The power of the purse is one of Congress's most potent tools.

Use the Congressional Review Act

The Congressional Review Act (CRA), passed in 1996, gives Congress a fast-track way to overturn executive branch regulations. Key features: CRA resolutions can pass the Senate with a simple majority (51 votes) instead of the usual 60 needed to break a filibuster. And if a CRA resolution becomes law, the agency is permanently barred from issuing a "substantially similar" rule.

Let the Courts Handle It

Federal courts can block or strike down executive orders that exceed presidential authority, violate the Constitution, or contradict existing law. This has happened throughout history—and it happened multiple times in 2025. Lawsuits challenging executive orders can come from states, advocacy groups, or even individual citizens. If a court issues an injunction, the order is frozen until the legal challenge is resolved.

Executive Orders That Changed History

For better or worse, some of the most consequential moments in American history came through executive orders—not legislation.

The Emancipation Proclamation

1863

President Lincoln used his war powers to declare that all enslaved people in Confederate states "are, and henceforward shall be free." This wasn't a law—it was an executive action. About 200,000 Black soldiers subsequently enlisted in the Union Army and Navy. Permanent abolition required the 13th Amendment, ratified in 1865.

Executive Order 9066: Japanese American Internment

1942

President Roosevelt authorized the forced removal of approximately 122,000 Japanese Americans from the West Coast to internment camps. This is one of the darkest examples of executive power being used without meaningful checks. In 1988, President Reagan signed legislation issuing a formal public apology and authorizing reparations for surviving internees.

Executive Order 9981: Desegregation of the Military

1948

President Truman ordered equality of treatment and opportunity in the armed forces "without regard to race, color, religion or national origin." This desegregated the U.S. military years before the broader civil rights movement. It didn't require a single vote in Congress.

Enforcing School Desegregation at Little Rock

1957

When the governor of Arkansas used the state National Guard to block nine Black students from entering Central High School, President Eisenhower signed Executive Order 10730, federalizing the Guard and sending the 101st Airborne Division to escort the "Little Rock Nine" into school.

Affirmative Action in Federal Employment

1961

President Kennedy signed Executive Order 10925, which prohibited federal government contractors from discriminating on the basis of race and first used the term "affirmative action." This order was later expanded by President Johnson's Executive Order 11246 in 1965—the same order that was revoked in early 2025.

Executive Orders by the Numbers

Presidents have been issuing executive orders since George Washington (who signed 8 of them). Usage surged in the early 20th century as the federal government expanded, peaked under FDR, and has generally declined since.

President	Total EOs	Per Year
Franklin D. Roosevelt	3,721	~307
Harry Truman	907	~117
Dwight Eisenhower	484	~60
Ronald Reagan	381	~47
Bill Clinton	364	~45
George W. Bush	291	~36
Barack Obama	277	~34
Donald Trump (1st term)	220	~55
Joe Biden	162	~40

Source: American Presidency Project, UC Santa Barbara

Why Executive Orders Are in the News Right Now

If executive orders have suddenly been on your radar, there's a reason. The administration that took office on January 20, 2025 broke multiple historical records:

executive orders signed on day one alone—nearly triple the previous first-day record of 9

~143

executive orders in the first 100 days—recent predecessors averaged roughly 15–25

225

executive orders in calendar year 2025—the highest since FDR's 568 in 1933

7.2x

the historical average rate of executive orders per year

For context, the same president signed 220 executive orders across the entire previous four-year term (2017–2021). That total was surpassed in under 12 months of the current term.

What Are the Recent Executive Orders About?

Here are the major policy areas addressed by executive orders in 2025, described by topic rather than political framing:

Border Security & Immigration

Declaration of a national emergency at the southern border, expanded military deployment authority, and an order to restrict birthright citizenship for children of undocumented immigrants—which was blocked by multiple federal judges as likely violating the 14th Amendment.

DEI & Affirmative Action

Directed federal agencies to end diversity, equity, and inclusion programs. Revoked Executive Order 11246 (the 1965 order requiring affirmative action by federal contractors). Extended anti-DEI directives to contractors and grant recipients. Hundreds of legal challenges have been filed.

Federal Workforce & Government Restructuring

Reinstated Schedule F (reclassifying certain career federal employees to make them easier to hire and fire). Created the Department of Government Efficiency (DOGE) via executive order to cut government spending and reduce agency programs.

Trade & Tariffs

Imposed tariffs via emergency powers: 25% on goods from Canada and Mexico, 20% on goods from China. Established reciprocal tariff rates for over 60 countries. Expanded tariffs on steel, aluminum, and automobiles under national security authority.

Energy Policy

Established a National Energy Dominance Council. Directed elimination of renewable energy subsidies and related tax credits. Issued orders promoting nuclear energy development.

Many of these orders have been challenged in court. Some have been temporarily blocked by federal judges. Others are moving through the legal system. This is the checks-and-balances framework in action: the president acts, and the courts and Congress decide whether those actions exceed presidential authority.

Why This Matters for the 2026 Midterms

Here's the thing about executive orders: they're powerful, but they're not permanent. The next president can reverse them. Courts can block them. And Congress can override them by passing laws.

That's where midterm elections come in. The members of Congress elected in 2026 will decide:

Whether to codify executive orders into permanent law (making them survive future administrations)
Whether to pass legislation blocking executive orders they disagree with
Whether to fund or defund the agencies carrying out those orders
Whether to use oversight hearings to investigate how orders are being implemented
Whether to use the Congressional Review Act to fast-track reversals of agency rules

In short: executive orders set the direction, but Congress holds the steering wheel. Who you send to Congress in 2026 determines what happens next.

The Bottom Line

Executive orders are a legitimate and long-used presidential tool, dating back to the founding of the republic. At their best, they've desegregated the military and enforced civil rights. At their worst, they've been used to intern American citizens. They're fast but fragile—powerful in the short term, but always subject to being reversed by the next president, overridden by Congress, or struck down by the courts.

Understanding what executive orders are—and what they aren't—is part of understanding how power works in the United States. They're not laws. They're not permanent. And the people you elect to Congress have real power to check them.

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