A Flaw in our Government

Since taking office only a week ago, President Donald Trump has passed twelve executive orders. While this practice is fairly commonplace, it seems hasty to do so many, so quickly. Executive orders are a commonly misunderstood facet of our government’s function. I would also go so far as to say that it is a flaw in our government.

Executive orders are a direct regulation imposed by the President, and are often treated as equivalent to a law. However, for the most part, executive orders are used to expedite the executive processes on laws that already exist. They amend the pace and force with which certain laws are enacted in order to expedite a process. In this way, they are simply the President enacting his power as the head of the executive and using executive orders to enforce laws. However, because they are scarcely regulated, they are often used when presidents are trying to skirt Congress.

An executive order is neither explicitly permitted nor prohibited by the Constitution. It is generally accepted that executive orders have their grounds in Article II of the Constitution: “the executive power shall be vested in a President of the United States,” and “he shall take care that the laws be faithfully executed.” And while executive orders are not explicitly discussed in our Constitution, they have been utilized by nearly every United States president dating all the way back to George Washington.

Executive orders are also difficult to counteract. There are a few ways, but none are directly approving or denying the action. Congress cannot technically touch an executive order. However, Congress is able to amend or repeal the bills that it has passed that the executive order is based upon. Additionally, Congress may amend executive orders by adding what is called “sunset language.” Sunset language is essentially adding a time limit to an executive order, for example limiting funding availability for the order to five years. Congress may also play a role when the powers behind an order are not clearly defined. They may sometimes open the door to a little more executive power in times of national emergency, but they may also close the door a little to prevent the president from having too much power.

All in all, executive orders can be used for good, but are also often used to avoid congressional input. They are dangerously unregulated and not necessarily reflective of the public opinion. We not only elect a President, but also congressmen and women to create laws that affect the American People.