What is an executive order?
WASHINGTON - As President-elect Donald Trump reportedly plans to sign 200 executive orders on his first day, the spotlight is back on how presidents use this unique power to get things done quickly.
These directives allow presidents to act without waiting for Congress, but they come with limitations and scrutiny.
RELATED: Trump to take more than 200 executive actions on day one
From reversing Biden-era policies to reintroducing first-term priorities like border security measures, Trump’s expected actions are putting executive orders in the spotlight. But how do these directives work, and what gives them their power?
What is an executive order, and how does it work?
Why you should care:
An executive order is a written instruction from the president that tells the federal government what to do. It works like a law but doesn’t need Congress – the people’s representatives – to approve it.
These orders can cover all kinds of issues, like changes to government policies or actions on foreign affairs. However, the president can only issue executive orders if they’re allowed under the Constitution or laws passed by Congress. They can’t create brand-new laws—that’s up to Congress.
What are the limits of executive orders?
Executive orders have boundaries, and their power is not absolute. Courts can block them if they exceed presidential authority, and Congress can pass legislation to counteract their effects.
What they're saying:
In 2017, U.S. District Judge William Orrick blocked President Trump’s order to withhold funding from sanctuary cities, ruling that the president "could not impose new conditions on federal spending that had been approved by Congress."
Similarly, in 2021, U.S. District Judge Drew Tipton temporarily blocked President Joe Biden’s executive order halting deportations, stating the administration had failed to provide a "concrete, reasonable justification" for the moratorium.
The American Bar Association explains that executive orders must operate within constitutional limits and cannot override existing laws passed by Congress. Congress also has the power to deny funding for executive orders, further limiting their impact.
Executive orders can also be reversed by the next president. For example, President Biden used this authority in 2021 to undo several Trump-era directives, including the Muslim travel ban and the decision to exit the Paris Climate Accord.
While executive orders can shape policy and address pressing issues, the ABA emphasizes that they are "no substitute for comprehensive legislative action passed by Congress," highlighting their limitations and impermanence.
How have executive orders shaped recent presidencies?
The backstory:
Recent administrations have increasingly relied on executive orders. President Trump issued 220 orders during his first term, the most in a single term since Jimmy Carter. Notable examples include his travel ban targeting Muslim-majority countries and orders expanding offshore oil exploration.
Biden, too, used executive orders to tackle pressing issues, signing 155 as of early 2025, according to Reuters. These have addressed everything from pandemic response measures to reproductive rights.
As history has shown, the impact of executive orders can be both immediate and fleeting. They remain a critical, yet limited, way for presidents to shape policy and address urgent matters without waiting on Congress.
How common are executive orders?
File: US President Donald Trump holds an executive order on "Continuing the President's National Council for the American Worker and the American Workforce Policy Advisory Board" which he signed during an American Workforce Policy Advisory Board Meet
Throughout U.S. history, there have been several thousand executive orders, according to data collected by the American Presidency Project at the University of California, Santa Barbara. George Washington signed eight executive orders, while Franklin Delano Roosevelt did 3,721.
During his first term, Trump, a Republican, signed 220.
Biden, a Democrat, signed 160 as of Dec. 20.
The Source: This story includes information from the Associated Press reporter Josh Boak, Reuters, Axios, and the American Bar Association.