You may have noticed a dizzying number of executive orders flying out of the White House faster than pigeons off the roof since President Trump returned to office in January, 2025.
For those who aren’t clear on the legislative process, here it is in a nutshell. Congress sets policies, and allocates money for them. The Executive branch — the president — executes those policies. The Judicial system, through the courts, decides if what the other two have done is legal and constitutional. So, there you have it. A perfectly working, balanced and efficient system of government that makes everyone happy.
In full disclosure, I’m not an attorney. My legal background comes from years of watching “Law and Order”, so there are some gaps. However, I thought it worthwhile to do a bit of research into the use of executive orders, seeing as they come up regularly in news headlines, you know, things that the president favors or that set him off.
What, exactly, is an “executive order”? According to GovFacts, “An executive order functions as a formal, official document through which presidents direct and manage agencies and officials of the executive branch. Every order gets numbered consecutively, allowing easy reference by assigned number or topic. When properly issued with legitimate constitutional or statutory backing, executive orders carry the force and effect of law within the executive branch. Federal agencies must comply with their instructions.” (Oct. 26, 2026).
In fairness, presidents going back to George Washington have used them, usually in times of crisis or a sense of urgency. Abraham Lincoln’s Emancipation Proclamation was technically an executive order, and a pretty darned good one at that.
There have been some notable executive orders over the years. The famous Mahattan Project, creating the atomic bomb, was funded through executive order of President Franklin D. Roosevelt by creating an agency to explore scientific research.
President Dwight Eisenhower issued an executive order deploying National Guard troops to enforce desegregation in schools in Arkansas. President John F. Kennedy created the Peace Corps through an executive order. FDR, because he was in office during a major depression and a world war, held the record for the most executive orders.
Typically, a president will use them sparingly, issuing a few hundred. Most recent presidents have issued an average of 40-50 per year of their term.
However, since his return to office, President Trump has issued directives at breakneck speed. “As of October 16, 2026, President Donald Trump (R) had signed 289 executive orders, 89 memoranda, and 188 proclamations in his second presidential term, which began on January 20, 2025.” (BallotPedia) Many are revocations of executive orders issued by his predecessors.
So, does the president have the authority to issue executive orders, and further, do they carry the force of law? According to the National Constitution Center, “although the U.S. Constitution does not address executive orders and no statute grants the President the general power to issue them, authority to issue such orders is accepted as an inherent aspect of presidential power.”
The president has two primary sources of power to issue directives and executive orders: the Constitution and powers granted to the president by Congress.”
We’re now in an era where the president is issuing executive orders that he prefers, but which run counter to the constitution, his Congressional authority, or both. His Executive Order 14160 sought to, shall we say politely, “reinterpret” birthright citizenship.
It was challenged in the courts as violating the 14th Amendment, and the order was struck down by the Supreme Court. And there have been others. The power to impose tariffs is vested in Congress by Article 1, Section 8 of the Constitution. And yet, they are going up and down like a yo-yo, depending on which country or leader annoys him on a given day.
He issued an order creating a national registry list of eligible voters, despite the Constitution’s “election” clause. State legislatures are specifically given the authority over voting processes, and Congress may override in the event of an issue. Where is the Executive branch in this? Nowhere. Yet the order’s opening sentence, “by the power vested in me as President by the Constitution.” No, it isn’t. Nice try, though.
As this president uses the executive order as a way to circumvent Congressional approval and Constitutional authority, and far more broadly than the practice was intended, perhaps it’s time to take another peek at what executive orders and directives can and can’t to.
Maybe it’s time for Congress, or the Supreme Court to stand up more aggressively and severely restrict or redefine their intent. Our system of government, for better or worse, assigns responsibilities and includes checks and balances. And nowhere in the Constitution is it implied that “by the power vested in me as President” allows the Commander-in-Chief to do whatever he wants.
It has the same ring of truth as Richard Nixon’s famous interview statement, “When the President does it, that means that it’s not illegal.” We know how that worked out. Perhaps someone at the White House could hide his favorite signing pen in a drawer.
Tom Walters is a retired music teacher and school arts administrator. He retired as Fine Arts Director for the Methuen Public Schools, and is a past president of the MA Music Educators Association. He lives in Londonderry, and has a blog: imthinkingno.com. Reach him at tomwalters729@gmail.com