History
How Executive Orders Expand Presidential Power Over Time
Quick fact
While the U.S. Constitution never mentions executive orders, every president since George Washington has used them—issuing over 13,000 in total—and their use has surged in modern times, with recent presidents averaging over 40 per year.
Why this is interesting
You've probably heard that presidents can 'sign orders' that change national policy without Congress. But how did a simple memo from the White House become one of the most powerful tools in American government?
Read the full explanation
Understanding How Executive Orders Expand Presidential Power Over Time
Imagine the president as the CEO of a giant company. The Constitution gives the CEO the job of running the company (the executive branch) but doesn't list every specific action they can take. An executive order is like a company policy memo: it tells employees how to do their jobs, based on the authority the CEO already has. The key is that an executive order can only direct the federal government—it can't create new laws or spend money that Congress hasn't approved. However, because the Constitution is vague about the scope of 'executive power,' presidents have often stretched that authority. For example, they've ordered agencies to interpret existing laws in new ways, managed foreign affairs, and even addressed issues like civil rights and environmental protection, effectively setting policy without waiting for Congress.
A deeper explanation
The expansion of executive power through executive orders works through a cycle of precedent and deference. Here's how it operates: First, a president faces a crisis or a political deadlock. To act quickly, they issue an executive order, claiming it's necessary to fulfill their constitutional duty to 'take care that the laws be faithfully executed.' Courts typically defer to these orders unless they clearly violate an existing law or the Constitution itself. This creates precedent—succeeding presidents can point to previous orders as justification for their own, even broader actions. Over time, the scope of what's considered a legitimate executive order widens. Congress could push back by passing a law to override an order, but that requires a two-thirds majority to overcome a presidential veto, which is difficult to achieve. Thus, the inertia of precedent, combined with judicial deference and legislative gridlock, gradually expands the shadow of presidential power, making executive orders a powerful engine for shaping national policy unilaterally.