Andy Rudalevidge, a professor at Bowdoin College and author of 'By Executive Order,' dives deep into the mechanics of executive orders. He explains how they differ from proclamations and memoranda, revealing the intricate processes behind their creation. The discussion also covers the historical evolution of executive orders, highlighting examples from past presidents. Furthermore, Rudalevidge addresses the legal challenges executive orders face and their significant impact on governance, especially during transitions between administrations.
Executive orders allow presidents to enact policies quickly during congressional gridlock but must align with constitutional authority.
Different executive actions, such as memoranda and proclamations, serve varied purposes and require distinct levels of review and publication.
Deep dives
Understanding Executive Orders
Executive orders are directives issued by the president to manage the operations of the federal government. They allow a president to take action without requiring Congressional approval, making them a tool for enacting policy in times of legislative gridlock. For instance, the current Congress has passed fewer than 150 bills in its least productive session, highlighting the need for executive orders to push through policies. However, while they carry the force of law, these orders must still align with authority granted by the Constitution or existing statutes.
Types of Executive Actions
In addition to executive orders, there are other forms of executive actions, such as memoranda and proclamations. Proclamations inform the public about the president's decisions and are published in the Federal Register, whereas memoranda direct agencies to act using their own authority and do not require such publication. An example of a memorandum issued during the Trump administration focused on federal civic architecture, guiding other agencies to submit proposals for building designs. Ultimately, understanding these distinctions helps clarify the scope and implications of presidential directives.
Challenges and Legal Implications
Legal challenges frequently arise against executive orders, especially when their authority is questioned. For example, President Trump’s initial travel ban faced immediate legal pushback, underscoring the importance of thorough review before implementation. Courts often assess whether an executive order oversteps the president's authority, with subsequent amendments sometimes necessary for legal compliance. This illustrates the dynamic relationship between the presidency, the judiciary, and the checks in place to uphold constitutional governance.
Every president (with the exception of William Henry Harrison) has issued executive orders. Most recently, Donald Trump issued several on his first day in office. Some have been published in the Federal Register, others are facing legal challenges.
So what IS an executive order? How do they differ from other executive actions, like proclamations or memoranda? Who writes them? Who reviews them? All that and more with our guest Andy Rudalevidge, professor of Government at Bowdoin and author of By Executive Order: Bureaucratic Management and the Limits of Presidential Power.
Click here for our episode on the Federal Register.
Here is a link to every single proclamation issued by a president.