How powerful are Executive Orders?

Just how powerful are Executive Orders by the president? Does anyone here actually know the limits on such orders? I mean could the president give an Executive Order to eliminate the requirement for companies to pay into the Social Security and Medicare systems or put out an order saying votes by mail would not count in the fall election? I am not saying that this or any president would do any of these things, I am using these as an examples wondering how far does this power go.

independentusa said:

Just how powerful are Executive Orders by the president? Does anyone here actually know the limits on such orders? I mean could the president give an Executive Order to eliminate the requirement for companies to pay into the Social Security and Medicare systems or put out an order saying votes by mail would not count in the fall election? I am not saying that this or any president would do any of these things, I am using it as an example wondering how far does this power go.

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What I can say is that about 50% of this president’s executive orders are meaningless

The next president can nullify all of a president's executive orders in a single day.

I assume that is left entirely up to the federal courts to decide - ultimately the SCOTUS, should they elect to weigh in. Besides EOs, many rules and regulations (laws?) are created by executive agencies and "independent" regulatory agencies with no action by the POTUS required.

Executive Branch (administrative law) - Introduction to Legal Research - LibGuides at Georgia State University College of Law Library

United States administrative law - Wikipedia

independentusa said:

Just how powerful are Executive Orders by the president? Does anyone here actually know the limits on such orders? I mean could the president give an Executive Order to eliminate the requirement for companies to pay into the Social Security and Medicare systems or put out an order saying votes by mail would not count in the fall election? I am not saying that this or any president would do any of these things, I am using these as an examples wondering how far does this power go.

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They require a basis in statute or the Constitution.

ttwtt78640 said:

I assume that is left entirely up to the federal courts to decide - ultimately the SCOTUS, should they elect to weigh in. Besides EOs, many rules and regulations (laws?) are created by executive agencies and "independent" regulatory agencies with no action by the POTUS required.

Executive Branch (administrative law) - Introduction to Legal Research - LibGuides at Georgia State University College of Law Library

United States administrative law - Wikipedia

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I guess you have to be a lawyer to really understand how far the president can go, but it seems that a EO can not overturn a law, but can define the meaning of the law.

independentusa said:

I guess you have to be a lawyer to really understand how far the president can go, but it seems that a EO can not overturn a law, but can define the meaning of the law.

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That's a good way to look at executive rule (law?) making. However, the law may say that (all) elder abuse/financial exploitation is illegal (a felony, in fact) but the (executive) law enforcement agencies may (unilaterally?) decide that only amounts over $250K will be investigated for prosecution - IMHO that "rule making" is a huge difference and clearly goes against the actual (stated) intent of the law.

independentusa said:

Just how powerful are Executive Orders by the president? Does anyone here actually know the limits on such orders? I mean could the president give an Executive Order to eliminate the requirement for companies to pay into the Social Security and Medicare systems or put out an order saying votes by mail would not count in the fall election? I am not saying that this or any president would do any of these things, I am using these as an examples wondering how far does this power go.

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No a president could not. Because it is my understanding that executive orders cannot supersede or replace actual laws passed by Congress.

independentusa said:

I guess you have to be a lawyer to really understand how far the president can go, but it seems that a EO can not overturn a law, but can define the meaning of the law.

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The executive has discretion in enforcing the law. Hence signing statements. Hence EOs, like the one Obama used to prod DHS to then go engage in the APA rulemaking procedures required for it to apply immigration law by ignoring those brought here as children (it was the DHS memo that established DACA, not the EO; and all the Trump cases were about how Trump's DHS violated the APA in rescinding that memo, not about whether Trump had the authority to issue a different EO).

It's not so much 'define the meaning of a law' as it is decide how to enforce it.



Agencies under the executive generally fill in legislative gaps in the law. ie, you can have some general legislative command (statute) to do various things to clear pollutants out of the air. That's closer to "defining the meaning", but yes the bits they add have to follow the legislative mandate, not contradict it. The EPA then does things like decide what levels to aim for, how exactly to go about doing it, etc.

They must also follow the APA when they do this. The APA also grants judicial review in various circumstances. So, ie, if they go to far as in trying to regulate cable companies like telecom companies, the courts can slap the offending regulations down.

Agencies also then adjudicate whether or not a given regulation has been violated, and what penalty to impose. aka, their 'quasi-judicial function'; judicial review is often generally applicable to such decisions.



Executive Agencies Overview :: Justia

Administrative Procedure Act (United States) - Wikipedia

List of federal agencies in the United States - Wikipedia