What Are “Executive” Actions and Do They Give the President Too Much Power?
What’s It About? The American system of government is predicated on an intricate system of checks and balances. But in times of divided government, presidents from both parties have bypassed Congress and instead have relied on executive actions to achieve policy goals. The Issue? What are the merits of executive action? What are its deficiencies?
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1. What distinguishes executive actions from laws?
2. What three forms can executive actions take? Why are executive orders numbered?
3. What recourse does Congress have to check executive actions? How else can executive actions be challenged? Are these checks sufficient for maintaining the balance of power among federal, legislative, and judicial branches of government?
4. Can you identify any commonalities that characterize the circumstances that may have led Presidents Roosevelt, Truman, and Bush, respectively, to issue the executive orders that interned Japanese Americans during World War II (in 1942), integrated the U.S. armed forces (in 1948), and established the Office of Homeland Security (in 2001)?
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1. Executive actions differ from laws in that they do not go through the legislative process. While laws are passed by Congress and can only be changed or repealed by Congress, executive actions are issued by the President and can be easily modified or revoked by subsequent Presidents.
2. Executive actions can take the form of executive orders, executive memoranda, and presidential proclamations. Executive orders are numbered for administrative purposes, to keep track of the different orders that have been issued.
3. Congress can check executive actions through various means. They can pass legislation to overturn or modify an executive action, or they can use the power of the purse to limit funding for specific actions. Executive actions can also be challenged in court, where their constitutionality can be questioned. These checks and balances are intended to maintain the balance of power among the branches of government, although some argue that they may not always be sufficient.
4. The circumstances that led Presidents Roosevelt, Truman, and Bush to issue executive orders are characterized by the need for immediate action in times of crisis or national security concerns. Roosevelt's order to intern Japanese Americans during World War II was driven by fears of espionage and sabotage. Truman's order to integrate the U.S. armed forces aimed to address racial discrimination and inequality. Bush's establishment of the Office of Homeland Security was a response to the 9/11 terrorist attacks and the need to improve national security efforts.
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