Understanding Executive Orders: Key Differences from Proclamations and Memorandums
Sworn back into office on Monday, President Donald Trump indicated his intention to enact several executive orders, addressing issues from recognizing only two genders at a federal level to declaring a national emergency at the southern border.
Before taking office, Trump expressed his plans to sign an executive order to allow TikTok to continue operating in the U.S. after a ban was imposed over the weekend. Last week, the Supreme Court unanimously upheld a bipartisan law initiated by former President Joe Biden, although enforcement had been suspended just days before Biden’s term concluded.
During his inauguration speech on Monday, Trump highlighted various executive orders he intends to issue, such as renaming the Gulf of Mexico, declaring a national energy emergency, and abolishing diversity, equity, and inclusion (DEI) policies in government entities.
These executive orders are often confused with proclamations or political memorandums that presidents can use as they see fit. Here’s what you need to know about executive orders, which are one of the most efficient tools available to a president.
What is an Executive Order?
An executive order is a written directive issued by a U.S. president that outlines their intentions for how the federal government should function.
These orders carry the weight of law and can cover a wide array of subjects, from federal employee holidays to substantial policy initiatives. A president might issue an executive order to create a new commission or to implement a government-wide policy.
What Happens After an Executive Order Is Signed?
Once a president signs an executive order, it is sent to the Office of the Federal Register, which serves as the executive branch’s official journal for publishing each order.
However, there are legal limitations since an executive order can be overturned or modified by Congress, a ruling from the Supreme Court, or another executive order.
What is a Proclamation?
A proclamation is another type of presidential directive that urges action from citizens or government officials.
Like executive orders, proclamations are also recorded in the Federal Register.
For instance, President George Washington issued a proclamation to quell the Whiskey Rebellion, while President Abraham Lincoln declared the Emancipation Proclamation to liberate slaves in the southern states. Following the September 11, 2001 terrorist attacks, President George W. Bush issued a proclamation to declare a national emergency.
What is a Political Memorandum?
A political memorandum is a lesser-known directive in which a president formally instructs cabinet members.
These orders do not possess official legal power; instead, they serve as instructions for actions to be taken, like preparing reports or establishing national regulations.
How Many Executive Orders Did Joe Biden Issue?
President Joe Biden enacted 160 executive orders during his presidency.
How Many Executive Orders Did Donald Trump Issue During His First Term?
During his first term, President Donald Trump authorized a total of 220 executive orders.
Contributing: Gregory Korte