President Donald Trump tried to make good on his myriad “first day” campaign promises by signing 26 executive orders – nearly three times the number Joe Biden issued on his first day and 26 times the number Trump issued on his first day in 2017, according to a USA Facts calculation. That provides a preview of the administration, which has prioritized far-reaching action on major policy issues involving immigration, so-called “woke” policies, electric-vehicle mandates and more.
Executive orders require no congressional approval and are a means by which the president directs federal agencies to implement certain bureaucratic policies. Modern presidents average 35 to 80 such orders a year. New presidents often undo the orders of previous presidents, as Biden overturned a third of them from Trump’s first term, per news reports.
They aren’t a problem when narrow in scope, but increasingly presidents use them to force major changes – or to prompt a legal challenge that pushes the envelope of their governing authority. Trump’s most far-reaching order this month, a supposed ban on birthright citizenship, was temporarily overturned by a Ronald Reagan-appointed judge: “This is a blatantly unconstitutional order.” This sets up a long forthcoming legal battle.
The lawmaking process is messy and frustrating, but our founders did not create a system of elected kings who govern by proclamation. For years, conservatives have opposed the misuse of executive orders. They used to chide Barack Obama as an imperial president, yet the number of his orders were on the low end. Yet when a president they support is in power – especially Trump, who tolerates little dissent – they cheer this legislative shortcut.
The answer lies with Congress, but Republicans now control both houses so it’s unlikely they will do anything to hamstring a president who advances their policy goals. A good rule of thumb is to consider any expansive government power in the hands of one’s enemies. A Democrat will likely become president again in the future and we’ll see Democratic lawmakers cheering their use.
It’s time to put principle first and rein in this nonsense.