Informal sources of presidential power: Executive orders

Question 1

What is an executive order?

Answer 1

An official document issues by the executive branch with the force of law, through which the president directs federal officials to take certain actions

Question 2

Where have executive orders been numbered and recorded since the 1900s?

Answer 2

The Federal Register

Question 3

What type of power are executive orders?

Answer 3

Extra constitutional power, as they are not set out in the constitution

Question 4

What do executive orders not require?

Answer 4

Congressional approval

Question 5

Where are executive orders most often drafted?

Answer 5

In the departments and agencies of the federal government and sometimes in the Office of Management and Budget (OMB)

Question 6

What is the role of the OMB in executive orders?

Answer 6

It has developed the role of executive order clearance - screening them to ensure they fit with the president’s policy interests and existing law

Question 7

Why is an executive order not the same as new legislation?

Answer 7

Its purposed is only to instruct federal departments and agencies regarding the enforcement of legislation. This means that it is not a law in and of itself and can be easily overturned

Question 8

How did Obama’s relationship with executive orders change?

Answer 8

He was deeply sceptical of executive power when he was a candidate in 2008, but as a president who had been frustrated by Congress for a number of years, he frequently made use of executive orders. This shows that they are an integral part of how presidents operate the majority of the time

Question 9

Describe Trump’s relationship with them

Answer 9

He was vocally critical of them on the campaign trail. However, he was quick to use them to impose a travel ban to protect the nation from terrorists, enforce the separation of parents and children who had travelled to the border illegally and reimpose sanctions on Iran. He signed more executive orders in his first 100 days than any president since WWII, this slowed significantly and his overall number of 206 isn’t that different to previous presidents

Question 10

What is the downside of executive orders being easy to issue for a president?

Answer 10

They are just as easy to revoke

Question 11

Give an example of the Rs and Ds playing executive order tennis

Answer 11

In 1984, Reagan signed an order prohibiting family clinics that received federal funds from informing their clients about abortion options. Clinton revoked this, Bush reinstated it, Obama revoked it, Trump reinstated it and then Biden revoked it

Question 12

What did Biden spend much of his first 100 days doing?

Answer 12

Signing executive orders to reverse a host of Trump policies

Question 13

Give some examples of Trump policies Biden reversed via executive orders

Answer 13

The construction of the wall, banning transgender people from the military and ordering a complete review of the previous administrations immigration policies

Question 14

List some successful executive orders

Answer 14

• 1935 Works Progress Administration
• 1942 Internment
• 1957 Enforcement of Desegregation
• 1961 Affirmative Action
• 1965 Equality of Opportunity
• 2001 Homeland Security
• 2009 Lawful Interrogations
• 2018 Lawful detention of terrorists

Question 15

How was the 1935 Works Progress administration an example of a successful executive order?

Answer 15

Established new government agencies to revive the US economy following the Great Depression

Question 16

How was the 1942 Internment an example of a successful executive order?

Answer 16

Roosevelt ordered more than 100,000 Japanese Americans and Japanese immigrants into internment camps following Pearl Harbour

Question 17

How was the 1957 Enforcement of Desegregation an example of a successful executive order?

Answer 17

Federal troops were sent to Little Rock to support integration at a local school

Question 18

How was the 1961 Affirmative Action an example of a successful executive order?

Answer 18

Required federal contractors to take affirmative action to create equal treatment for employees and job applicants

Question 19

How was the 1965 Equality of Opportunity an example of a successful executive order?

Answer 19

Made each executive department practise equal opportunities in employment

Question 20

How was the 2001 Homeland Security an example of a successful executive order?

Answer 20

Established the Office of Homeland Security, which grew into the Department of Homeland Security, following 9/11

Question 21

How was the 2009 Lawful interrogations an example of a successful executive order?

Answer 21

Reversed the practises of the Bush administration in relation to interrogation and detention of terrorist subjects

Question 22

How was the 2018 Lawful Detention of Terrorists an example of a successful executive order?

Answer 22

Honoured his election promise to keep Guantanamo Bay open and ‘load it with some bad dudes’

Question 23

List some examples of unsuccessful executive orders

Answer 23

• 1952 Nationalisation of the US Steel Industry
• 1995 Federal government contracts
• 2009 Closure of Guantanamo Bay

Question 24

How was the 1952 nationalisation of the US steal industry an example of an unsuccessful executive order?

Answer 24

Put to rest a threatened strike. However, it also raised a serious constitutional question about executive power and was subsequently struck down by the Supreme Court within the same year

Question 25

How was the 19995 federal government contracts an example of an unsuccessful executive order?

Answer 25

Prevented the federal government from contracting companies that hired permanent replacement employees during strikes. The following year, the District of Columbia federal appeal court declared the order void as the president’s authority did not allow him to undermine a pre-existing law from 1935

Question 26

How was the 2009 closure of Guantanamo Bay an example of an unsuccessful executive order?

Answer 26

Aimed to ensure that the detention centre would be closed within a year. Congress prevented this by refusing to fund the action with an overwhelming 90-6 vote in the senate

Question 27

What are the two ways that executive orders can be removed?

Answer 27

Being overturned by the next president or by being declared unconstitutional by the federal courts, supreme or court or Congress mobilising against the president

Question 28

What did Trump have to reminded by his advisers with regards to executive orders?

Answer 28

That his ability to issue them was limited by the constitution and that he could therefore not automatically impose tariffs and duties upon foreign countries just because he was president, pointing out Congress’ role here