The Executive Order Power Grab: Do They Need Congressional Approval?

The executive branch of the US government has long been seen as a co-equal branch of government, with significant powers and authority granted to the President. However, in recent years, there has been growing concern over the use of executive orders as a means of circumventing Congress and imposing policy changes without proper oversight. But do executive orders need congressional approval, and what are the implications of this practice?

In this article, we will delve into the history of executive orders, explore the current state of their use, and examine the constitutional and legislative frameworks that govern their issuance. We will also discuss the potential risks and benefits of executive orders, and what they mean for the balance of power in the US government.

Executive orders have been a part of the US government since 1789, when George Washington issued the first one. However, their use has become more widespread and contentious in recent years, particularly under the Obama and Trump administrations. Today, executive orders are used to implement a wide range of policies, from environmental regulations to immigration enforcement.

History of Executive Orders

The US Constitution grants the President significant authority to issue executive orders, but it does not explicitly state whether they require congressional approval. Article II, Section 2 of the Constitution gives the President the power to "take Care that the Laws be faithfully executed," which some argue gives them the authority to issue executive orders.

However, the founders also established the principle of checks and balances, which requires that no one branch of government have absolute power. This has led to ongoing debates over the legitimacy of executive orders and whether they are a legitimate means of exercising executive authority.

Types of Executive Orders

There are several types of executive orders, including:

• Delegated orders: These orders delegate authority to a specific executive branch agency or official.
• Nong governmental orders: These orders do not require congressional approval and are typically used to implement policy changes or implement federal regulations.
• Legislative orders: These orders have the force of law and require congressional approval.

The Use of Executive Orders

Executive orders have become increasingly popular in recent years, particularly under the Obama and Trump administrations. According to the Federal Register, a database of executive orders, over 9,000 executive orders have been issued since 1961. However, not all executive orders are created equal, and some have been more contentious than others.

Some of the most notable executive orders include:

• Executive Order 13859: This order requires employers to verify the immigration status of their employees.
• Executive Order 13761: This order banned travel from several countries, sparking controversy and protests.
• Executive Order 13204: This order required federal agencies to reduce their carbon footprint and promote sustainable energy.

The Constitutional and Legislative Framework

The US Constitution grants the President significant authority to issue executive orders, but it does not explicitly state whether they require congressional approval. Article II, Section 2 of the Constitution gives the President the power to "take Care that the Laws be faithfully executed," which some argue gives them the authority to issue executive orders.

However, the founders also established the principle of checks and balances, which requires that no one branch of government have absolute power. This has led to ongoing debates over the legitimacy of executive orders and whether they are a legitimate means of exercising executive authority.

Congressional Approval

Some argue that executive orders require congressional approval, while others argue that they do not. The issue is complex and has been the subject of ongoing debate.

Potential Risks and Benefits

Executive orders can have both positive and negative effects on the US government and society.

Positive effects:

• Increased efficiency: Executive orders can streamline government processes and reduce bureaucracy.
• Improved accountability: Executive orders can hold government agencies accountable for their actions.
• Reduced gridlock: Executive orders can bypass congressional gridlock and implement policy changes quickly.

Negative effects:

• Overreach of power: Executive orders can be used to overreach executive authority and infringe on individual rights.
• Lack of transparency: Executive orders can be opaque and lack transparency, making it difficult for the public to understand their implications.
• Disregard for the rule of law: Executive orders can disregard the rule of law and undermine the principles of constitutional government.

Conclusion

Executive orders have become an increasingly popular tool for the executive branch to implement policy changes and exercise authority. However, the question of whether they require congressional approval remains a contentious issue. In this article, we have explored the history of executive orders, the types of executive orders, and the constitutional and legislative frameworks that govern their issuance.

Ultimately, the use of executive orders must be balanced against the principles of checks and balances and the rule of law. While executive orders can be a powerful tool for the executive branch, they must be used responsibly and with caution to avoid overreach and undermine the principles of constitutional government.

Frequently Asked Questions

• What is the purpose of an executive order?
• Do executive orders require congressional approval?
• Can executive orders be challenged in court?
• How can executive orders be used responsibly?
• What are the implications of executive orders for the balance of power in the US government?

References

• The White House. (n.d.). Executive Orders. Retrieved from https://www.whitehouse.gov/administration/executive-orders/
• Federal Register. (n.d.). Executive Orders. Retrieved from https://www.federalregister.gov/Pages/ExecutiveOrders.aspx
• Congressional Research Service. (2019). Executive Orders: A Constitutional Analysis. Retrieved from https://crsreports.congress.gov/ui/story/PR97A9/
• Harvard Law Review. (2017). The Language of Executive Orders. Retrieved from <https://harvardlawreview.org/articles/the-language-of