Origins of Presidential Executive Orders
Presidential Executive Orders (EOs) have a deep-rooted history in the United States and can be traced back to the nation’s early days. The authority for issuing EOs comes from the U.S. Constitution, specifically the “executive power” granted to the President under Article II. This power has been interpreted to allow the President to manage operations within the federal government.
One of the first significant uses of an EO was by President George Washington in 1793, when he issued the Neutrality Proclamation to keep the U.S. neutral in the conflict between France and Great Britain. His initial executive orders included directives for executive departments to prepare reports for his inspection and a proclamation about the Thanksgiving holiday
Since then, EOs have been a tool for Presidents to implement policy changes, direct government operations, and respond to emergencies.
Notable Historic Executive Orders
- The Emancipation Proclamation (1863): Issued by President Abraham Lincoln, this executive order declared the freedom of all enslaved people in Confederate-held territory during the Civil War.
- Executive Order 8807 (1941): Signed by President Franklin D. Roosevelt, this order established the Office of Scientific Research and Development, which oversaw the Manhattan Project, leading to the development of the atomic bomb.
- Executive Order 6102 (1933): Also issued by President Roosevelt, this order required U.S. citizens to turn in their gold coins, bullion, and certificates to the Federal Reserve in exchange for paper money, aiming to stabilize the economy during the Great Depression.
- Executive Order 9066 (1942): Issued by President Franklin D. Roosevelt, this order authorized the internment of Japanese Americans during World War II, a controversial and regrettable decision.
- Executive Order 9981 (1948): Signed by President Harry S. Truman, this order abolished racial discrimination in the U.S. Armed Forces and led to the desegregation of the military.
Limitations on Presidential Executive Orders
While EOs grant the President significant power, their use is not without limits. Here are some key constraints on the use of EOs:
- Constitutional Boundaries: The President must act within the powers granted by the Constitution. EOs cannot contravene constitutional rights or extend beyond the executive branch’s authority. The Supreme Court can strike down EOs that overstep these bounds. Multiple challenges have been made to EO 14160 (Protecting the Meaning and Value of American Citizenship), which seeks to end birthright citizenship. At least three U.S. District Courts have entered injunctions against EO 14160 because it is likely unconstitutional.
- Legislation: Congress holds significant power over EOs. It can pass laws that override or limit the directives outlined in EOs. Additionally, the President cannot use EOs to create new law. They can only be used to enforce existing laws or manage executive operations. Notably, the landmark Civil Rights Act of 1964 was passed by Congress to override several executive orders issued by President John F. Kennedy and President Lyndon B. Johnson. It aimed to end segregation in public places and banned employment discrimination based on race, color, religion, sex, or national origin. The War Powers Resolution of 1973 was passed over President Richard Nixon’s veto to limit the president’s power to commit U.S. forces to armed conflict without congressional approval. It was a response to executive actions taken during the Vietnam War.
- Judicial Review: The judiciary serves as a critical check on the President’s power. As discussed above, federal courts can review and invalidate EOs deemed to be illegal or unconstitutional. Historical examples include the U.S. Supreme Court overturning President Truman’s EO to seize steel mills during the Korean War.
- Political Factors: Besides legal limitations, political factors also play a crucial role. EOs may face opposition from Congress, the public, or future administrations, affecting their longevity and effectiveness. Congressional actions, such as withholding funding, can curtail the implementation of certain EOs.
President Biden issued more than 160 EOs during his term in office. President Obama issued 277 EOs across his two terms. President Trump issued 220 EOs during his first term.
As of February 12, 2025, President Trump had issued 65 EOs during the first few weeks of his second term. According to Axios, more than 50 actions have been filed against executive orders, memos, and departmental actions issued by Trump’s administration since January 29, 2025. While preparing to take office, Trump report that more than 100 EOs were being drafted for his signing.
President Franklin D. Roosevelt signed 3,728 EOs while in office. He is the only president to have issued more than 300 EOs in a single year. At his present pace, President Trump may join that exclusive club before the end of the year.
While Presidential Executive Orders are powerful tools for managing government actions and responding to pressing issues, they operate within a framework of legal, constitutional, and political constraints, ensuring a balance of power within the U.S. government system. In the coming months, the American people will have the opportunity to see how President Trump’s EOs fare in the Courts and Congress.