Faculty Q&A: Understanding Executive Orders, Evolving Impact

As one of the most powerful tools available to a U.S. president, executive orders can shape policy and governance. Michele Meitl, associate professor of criminology and criminal justice and assistant director of the graduate program, also holds a juris doctorate and has focused research on constitutional law. She recently took time to explain the nature of executive orders, their legal boundaries and how their use has evolved in modern presidencies. 

Let’s start with the basics. What is an executive order, and how does it differ from other executive actions or federal laws? 
An executive order is a directive issued by the president of the United States to take some specific action within the federal government. Although the U.S. Constitution does not mention executive orders, the inherent powers granted by Article II Section I give the president this powerful tool. Congress often delegates certain discretion to the president through either expressed or implied acts of Congress. Very often, executive orders are proposed by federal agencies and submitted to the president for consideration. On other occasions, the president and his staff will identify, draft and issue an executive order without agency input.

Executive orders differ from other executive actions and federal laws in several ways. First, the president can issue executive proclamations, often used to communicate information, like commemorating an important event or recognizing a certain individual or action. Administrative orders are used to communicate and manage more routine operations. Most of us are familiar with the passage of a federal law that originates and works through Congress and is then signed by the president. However, an executive order is still considered the law and must be followed unless a court determines it to be unlawful. 

How do executive orders interact with the Constitution, existing laws, judicial interpretation, etc.? 
Legally, executive orders cannot override constitutional rights or federal laws. Lawsuits may be filed by those who have standing (they are directly affected) to challenge executive orders, and federal judges can temporarily block these orders to allow parties to review the legality of the orders. If courts determine that the executive order goes beyond the inherent presidential powers, they will determine whether Congress has delegated authority to the president to act via executive order. Ultimately, a court may overturn an executive order if it lacks support or is contrary to the Constitution. Executive orders do not override federal laws, but Congress can incorporate executive orders into new legislation.

How do executive orders affect state and local governments or private organizations?  
Like any law, an executive order can have a sweeping impact on a state or local government or a private organization. For example, many of these actors rely on federal funding. If an executive order eliminates, pauses, conditions or diverts such funding, then those entities would be impacted. In other ways, executive orders can often spur action by private entities that follow the president’s lead through executive orders. These often relate to social issues. State, local and private organizations must often examine executive orders closely to determine the actual and potential impacts. 

How have we seen the use of executive orders change over time?  
Prior to the Civil War, executive orders were rare. The use of executive orders reached its zenith under President Franklin Roosevelt when he issued more than 3,700 executive orders during his administration. Over the last 50 years, presidents have routinely used executive orders. For example, President Ronald Reagan issued, on average, 47 executive orders per year. President George H.W. Bush averaged 41 executive orders, President Bill Clinton averaged 45 per year, President George W. Bush averaged 36 per year, President Barack Obama averaged 34 per year, and President Joe Biden averaged 40 executive orders per year. In President Donald Trump’s first term, he averaged 55 executive orders per year, and he has signed 49 executive orders so far in his new term (as of Feb. 3, 2025), which began on Jan. 20, 2025.  

As we look down the road, how do you see this evolving?  
The use of executive orders will likely continue. Currently, Trump has utilized executive orders at a higher rate than each of his last seven predecessors but was topped by President Jimmy Carter, who signed a total of 320 in his single term. Each president has his own style, and it often depends on that president’s relationship with Congress or the makeup of Congress in terms of the efficacy of executive orders.