Executive Orders: How Presidents Use Their Power to Get Things Done
“The executive Power shall be vested in a President of the United States of America.”
Article II, Section 1, Clause 1 of the United States Constitution
In this article, you will learn:
- What is an Executive Action?
- Where does the power come from?
- What Executive Actions can and cannot do.
- Why Do Presidents Use Executive Actions?
Every president, from George Washington to Joe Biden, has used executive actions to shape policy and guide the government. But what exactly are they? How much power do they have? And why do presidents rely on them so much? Let’s break it down.
What Is an Executive Action?
An executive action is any directive issued by the President of the United States that influences how the federal government operates. It’s an umbrella term that includes:
Executive Orders
Official, legally binding orders directing federal agencies on how to implement laws or policies.
Presidential Memorandums
Similar to executive orders but often less formal and not always published.
Proclamations
Public statements that can be symbolic (like Thanksgiving proclamations) or policy-driven (such as trade sanctions).
Presidents use these tools to shape national policy without waiting for Congress to act. However, they’re not a substitute for passing laws and can be challenged in court or overturned by future presidents.
Where Does the Power Come From?
The power behind executive actions isn’t just something presidents claim—it’s built into the foundation of the U.S. government.
The Constitution (Article II)
This grants the president “executive power” and says they must “take care that the laws be faithfully executed.” This vague language has allowed presidents to stretch their authority over time.
Congressional Delegation
Congress often passes broad laws but leaves the details to the executive branch. This gives the president room to decide how laws should be enforced.
Historical Precedent
Presidents have been using executive actions since the country’s early days. When courts don’t push back, those actions set a precedent for future presidents to do the same.
However, executive actions are not unlimited. If they overreach, they can be challenged in court or overturned by Congress through legislation.
What Executive Actions Can and Cannot Do
Presidents can use executive actions to guide federal agencies like the FBI, IRS, and EPA on how to enforce laws, ensuring that policies align with their administration’s priorities. In times of crisis, such as natural disasters or pandemics, executive orders allow for a swift federal response to coordinate resources and relief efforts. While the president cannot create new budgets, they can reallocate funds within the limits set by Congress to address urgent needs. Additionally, executive actions play a key role in shaping immigration policies by setting enforcement priorities, such as focusing deportation efforts on criminals rather than other undocumented immigrants. However, there are clear limits to executive power. Presidents cannot create new laws—only Congress has that authority—meaning executive orders can only influence how existing laws are enforced, not establish entirely new legislation. They also cannot override the Constitution, as any order that violates constitutional rights can be struck down by the courts. Furthermore, the president cannot directly control state governments unless federal funding or constitutional issues are involved. Finally, while executive actions allow for some flexibility in managing federal resources, the president cannot spend money beyond what Congress has approved, ensuring that financial decisions remain within the legislative branch’s control.
| What an Executive Order Can Do | What an Executive Order Cannot Do |
|---|---|
| Direct Executive Branch Agencies | Create New Laws |
| Establish Policies | Override Existing Laws |
| Address Administrative Matters | Violate Constitutional Rights |
| Allocate Funds (within existing budgetary framework) | Change the Constitution |
| Declare National Emergencies | Override Judicial Decisions |
| Implement International Agreements | Appropriate New Funds |
| Impose Penalties or Criminalize Conduct |
Famous Examples of Executive Actions
Throughout history, executive actions have had a huge impact—sometimes for the better, sometimes controversially. Here are some of the most famous:
Abraham Lincoln’s Emancipation Proclamation (1863)
Freed slaves in Confederate states during the Civil War. While it didn’t end slavery outright (that required the 13th Amendment), it was a major turning point.
Franklin D. Roosevelt’s Japanese-American Internment Order (1942):
Executive Order 9066 led to the forced relocation of Japanese Americans during World War II, a dark chapter in U.S. history.
Harry Truman’s Military Desegregation Order (1948)
Executive Order 9981 ended racial segregation in the U.S. military, helping pave the way for the civil rights movement.
Richard Nixon’s Creation of the EPA (1970)
Nixon used an executive order to establish the Environmental Protection Agency, setting the stage for modern environmental protections.
Barack Obama’s DACA Program (2012)
The Deferred Action for Childhood Arrivals (DACA) program provided temporary legal protection for undocumented immigrants who were brought to the U.S. as children.
Donald Trump’s Travel Ban (2017)
This executive order restricted entry from several Muslim-majority countries and was later upheld by the Supreme Court.
As you can see, executive actions can be used for civil rights, environmental protection, immigration policy, and even controversial national security measures.
Why Do Presidents Use Executive Actions?
Presidents rely on executive actions because, in many cases, they’re the fastest or only way to get things done. Congress can be slow—especially when it’s divided—making it difficult to pass laws even on urgent issues. Executive actions give presidents a way to move their policies forward without waiting for lawmakers to agree. In emergencies, speed matters even more. Whether it’s a pandemic, a terrorist attack, or an economic crisis, presidents need to act immediately, and executive orders allow them to do just that. Even when an executive action might face legal challenges or be reversed by a future administration, it can still set the tone for national debate, shape public policy, and put pressure on Congress to act. Ultimately, executive actions are a way for presidents to leave their mark, even when the political system slows them down.
Final Thoughts
Executive actions are a powerful tool, but they’re not all-powerful. They allow presidents to take quick action within the limits of existing laws, but they can’t replace legislation passed by Congress. While some executive orders endure over time, others are either overturned by future presidents or struck down by courts.
At their best, executive actions can advance civil rights, protect the environment, and respond to crises. At their worst, they can be abused to bypass democratic processes. That’s why they remain one of the most debated aspects of presidential power.