Therefore, more EOs may be challenged in court in the future, including Trump's hotly debated ones right now. In recent years, however, political polarization has forced congressional inefficiency to skyrocket, prompting presidents to pick up the slack through executive orders.ĮOs are getting more controversial as a result, and presidents are increasingly accused of overstepping their constitutional authority when they really just seem to be filling in the gap left by a Congress that won't do its job. Some prominent ones have included the desegregation of the military and the Emancipation Proclamation, but most are pretty uninteresting from the lay perspective. The other potential reason that not many EOs get challenged in court is that most throughout time haven't caused enough strife to warrant legal proceedings. The White House has a high concentration of law degrees per capita, so it makes sense that a couple dozens of them would check out any unilateral law the president is trying to enforce. First, presidents presumably undergo a lengthy vetting process for their executive orders to ensure that everything is above the law, not wanting to bring unnecessary controversy upon themselves. There could be two reasons for this relatively unprecedented phenomenon. Only two executive orders have ever been overturned by the court system - one issued by President Gerald Ford in 1952 and one by President Bill Clinton in 1995. The second condition would be much tricker to achieve. The rule has been killed and resurrected along party lines by every president since Ronald Reagan - it's not an especially influential policy, so it's left as a matter of preference to each president. The "global gag rule" executive order that Trump signed last week is a good example of the first condition. Executive orders only last until they are overturned by the Executive or Judicial branch, and for Trump, that could be much sooner rather than later.Īn executive order will stand until one of two things happens: either another president overturns it, or a court rules it unconstitutional. Through his use of executive orders, Trump is leaving his landmark administrative actions extremely vulnerable to future repeal, because many EOs are immediately overridden by the next person to hold the office. Although his political legacy is just getting started, Donald Trump's most memorable accomplishments might only last as long as his own presidency.
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