What is an executive order?

An executive order is a directive issued by the President of the United States that has the force of law within the executive branch and applies to federal agencies and government employees. Executive orders are not specifically authorized by the Constitution but flow from the President's authority as chief executive under Article II, particularly the duty to take care that the laws be faithfully executed. The President uses executive orders to direct how federal agencies implement laws, manage federal property, set executive branch policy, and respond to emergencies.

Executive orders cannot create new law or override statutes passed by Congress. They must operate within the boundaries of existing constitutional and statutory authority. Federal courts can strike down executive orders that exceed presidential authority.

Notable executive orders include Abraham Lincoln's Emancipation Proclamation in 1863 (issued as a wartime measure under his Commander in Chief authority), Franklin D. Roosevelt's order interning Japanese Americans during World War II in 1942 (later acknowledged as a grave injustice), Harry Truman's order desegregating the armed forces in 1948, John F. Kennedy's order banning racial discrimination in federally funded housing in 1962, Lyndon Johnson's order requiring federal contractors to take affirmative action in employment in 1965, and George W. Bush's orders following the September 11 attacks creating new homeland security responsibilities.

Executive orders are numbered and published in the Federal Register, the official daily publication of the federal government. As of recent years, presidents have issued more than 14,000 numbered executive orders since the practice was systematized in the early 20th century. Each modern president typically issues several hundred executive orders during their time in office.

New administrations frequently revoke executive orders signed by their predecessors, especially on contested policy areas such as energy, immigration, and labor regulations. This back-and-forth has accelerated in recent decades as Congress has become less productive on major legislation, leaving more policy to be made through executive action.

The Supreme Court has at times struck down executive orders, most famously in Youngstown Sheet & Tube Co. v. Sawyer (1952), where the Court held that President Truman could not seize private steel mills during the Korean War without congressional authorization.