The power of presidential executive orders and their limits

President Trump is expected to issue a record number of executive orders. Andrew Rudalevige explains that executive orders allow the president to implement laws in a way that aligns with their preferences, falling under the constitutional power of faithful execution of the law. They cannot extend beyond what the Constitution or existing statutes permit, though different presidents interpret these differently.

Executive orders can have immediate impacts, such as revoking previous orders or declaring emergencies. Some orders may initiate organizational changes, while others are plans for future actions requiring extensive policy changes. Many can also serve as press releases or be 'lawsuit bait' due to potential conflicts with existing laws, leading to legal challenges.

The National Emergencies Act, despite viewers potentially being unaware, means the US is under dozens of national emergencies at any given time. A president can declare an emergency even without an actual national emergency. This declaration activates standby powers within existing statutes, unlocking authority. For instance, President Trump's declaration on the southern border allowed him to repurpose military construction funds for a border wall.

Presidents often revoke executive orders from their predecessors as a 'housekeeping exercise.' The impact of revoking orders is often immediate. Biden, for example, justified his numerous orders by stating he was getting rid of 'bad ones.' President Trump is expected to do something similar by revoking many of Biden's orders.