Donald Trump returned to the White House on Monday, ready to leverage the executive order—his swiftest and most effective tool—to bring sweeping changes to the federal government. Among his immediate priorities were increasing domestic energy production and halting diversity, equity, and inclusion programmes within federal agencies.
While it’s not unusual for an incoming president to sign a flurry of executive orders on their first day, Trump’s use of this instrument is poised to have significant implications for the functioning of government. But what exactly are executive orders, how do they work, and what are their limitations?
What are executive orders?
Executive orders are signed directives from the president that instruct how the federal government should operate. They range from routine matters, such as granting federal employees time off during the holidays, to establishing far-reaching policies. For instance, President Joe Biden issued an executive order creating a framework for regulating artificial intelligence.
In essence, these orders allow presidents to pursue agendas without requiring congressional approval, making them a potent tool for advancing their policies. However, they can also be used to undo the work of previous administrations.
On his first day back in office, Trump repealed 78 executive orders and actions signed by Biden. Among these was Biden’s rescission of several Trump-era orders from his initial presidency, highlighting the cyclical nature of this tool.
How do executive orders work?
Executive orders are binding on federal agencies but do not carry the weight of legislation passed by Congress. As the American Bar Association points out, these orders do not require congressional approval and cannot be directly overturned by lawmakers.
However, Congress can obstruct the implementation of executive orders by refusing to allocate funding or by passing laws that countermand the directives. For example, Congress in 1992 effectively nullified an order by then-President George H.W. Bush to establish a fetal tissue research bank by passing a measure that rendered the order unenforceable.
Legal challenges also pose a potential roadblock. Courts can invalidate executive orders if they determine a president has overstepped their authority. A notable instance occurred during the Korean War, when the Supreme Court ruled that President Harry Truman lacked the authority to seize steel mills without congressional approval.
How common are executive orders?
Throughout US history, presidents have signed thousands of executive orders. George Washington issued just eight, whereas Franklin Delano Roosevelt signed a staggering 3,721 during his presidency.
Trump issued 220 executive orders during his first term, while Biden signed 160 as of December 2024. Each president has used this power to enact measures tied to their political priorities.
Trump’s focus on executive orders
True to form, Trump has made extensive use of executive orders to fulfil campaign promises and implement his agenda. His orders on Monday included a temporary hiring freeze for federal agencies, a directive requiring federal employees to return to in-person work, and a review of federal investigations he claimed were politically motivated against his supporters.
Additionally, Trump has proposed an order to delay the sale of TikTok and another to halt the development of offshore wind farms. These measures are expected to draw significant opposition from Democratic lawmakers and advocacy groups.
While some of Trump’s executive orders are likely to materialise as symbolic statements tied to his campaign pledges, others could lead to substantive changes. However, these measures are not immune to challenges from Congress and the judiciary.
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The limits of executive orders
Despite their power, executive orders are far from invincible. Congress can undermine them by withholding funding, while courts can strike them down if they exceed the president’s legal authority.
The interplay between executive orders and other branches of government highlights the tension inherent in the US system of checks and balances. For example, when Truman attempted to seize steel mills during the Korean War, the Supreme Court stepped in, curbing presidential authority in the absence of congressional backing.
Conclusion
As Donald Trump embarks on a renewed effort to reshape the federal government, his reliance on executive orders will likely define the early days of his presidency. While these tools allow him to bypass congressional gridlock and implement immediate changes, their effectiveness and longevity remain subject to scrutiny.
Whether advancing policy goals or undoing the actions of previous administrations, executive orders remain a double-edged sword—powerful yet limited, decisive yet temporary. As Trump’s presidency unfolds, the use and impact of this tool will be closely watched by allies, critics, and constitutional scholars alike.
