Washington, D.C.—On January 20, 2025, President Donald J. Trump wasted no time in making his presence felt during his first day back in the White House. By 9 p.m., the newly sworn-in 47th President had signed an astonishing 80 executive orders, charting a bold and controversial course for his second term. Among the sweeping actions, Trump declared a national emergency at the U.S.-Mexico border, withdrew from the Paris Climate Agreement and the World Health Organization (WHO), and abolished birthright citizenship.
The sheer volume and scope of these orders have reignited discussions about the power of executive orders and their place in the U.S. government.
What Is an Executive Order?
An executive order is a powerful tool wielded by the President to manage the operations of the federal government. According to the American Bar Association, it is a signed, written, and published directive that carries the force of law, much like regulations issued by federal agencies. These orders are consecutively numbered and published in the Federal Register, the official daily record of federal government actions.
The authority to issue executive orders stems from Article II of the U.S. Constitution, which vests the President with executive power. Article II also outlines other presidential powers, such as serving as Commander-in-Chief and granting pardons.
While executive orders are primarily intended to streamline government operations, they can also address significant policy matters. For instance, proclamations—another form of presidential directive—are often used to declare holidays or observances, whereas administrative orders handle internal government operations.
How Do Executive Orders Work?
An executive order may take effect immediately or require time to implement, depending on whether federal agencies need to adopt supporting regulations. For example, in 2022, President Joe Biden issued an order instructing health agencies to protect abortion rights following the overturning of Roe v. Wade. Over subsequent months, regulations were introduced to align with the directive.
However, it’s essential to note that executive orders cannot create new laws. They are limited to executing existing laws and constitutional powers.
Can Executive Orders Be Challenged?
Although executive orders bypass Congressional approval, they are not immune to legal scrutiny. Orders perceived to overstep presidential authority or violate constitutional principles can be challenged in court.
A notable example is Trump’s controversial 2017 travel ban, which initially restricted entry from seven Muslim-majority countries. While portions of the order were blocked by lower courts, the U.S. Supreme Court ultimately upheld it in 2018.
Similarly, one of Trump’s Day 1 orders—establishing the Department of Government Efficiency (DOGE) led by Elon Musk—has already faced immediate lawsuits. Critics argue that the directive, which aims to slash government spending and workforce, could overreach presidential authority. Public interest groups, unions, and watchdog organizations filed legal challenges mere minutes after the announcement.
Congress also has the power to counter executive orders by passing legislation or withholding funds necessary for their implementation. However, such actions are subject to presidential veto, making it a challenging route.
The Historical Use of Executive Orders
Executive orders date back to the 18th century, with early examples issued by George Washington. The first formally numbered executive order came from President Abraham Lincoln in 1862, establishing a provisional court in Louisiana during the Civil War.
Every president except William Henry Harrison has issued executive orders, with Franklin D. Roosevelt holding the record at 3,721 orders during his four terms. Other prolific users include Woodrow Wilson (1,803) and Calvin Coolidge (1,203).
Trump’s Second Term: A Prelude to Controversy
Trump’s flurry of Day 1 actions highlights his intent to shape his presidency with decisive, unilateral measures. Supporters hail his rapid-fire orders as a testament to his leadership and determination to fulfill campaign promises. Critics, however, caution against the potential overreach of executive power, underscoring the need for checks and balances.
As the nation watches, Trump’s use of executive orders will undoubtedly remain a focal point of debate in the months and years ahead.
