Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

February 18, 2021

Don’t Get Hooked on Executive Orders

This has become the norm in American politics, and it should disturb anyone who values representative government and constitutional order.

When Barack Obama became president in 2009, he moved quickly to overturn many of George W. Bush’s policies. During his first 100 days, Obama issued executive orders revoking the Bush administration’s limitations on stem cell research, easing marijuana prosecutions, and endorsing a United Nations declaration on gay rights that Bush had declined to sign. Other Obama directives restored support for organizations that provided abortions, loosened restrictions on Cuba, and stopped requiring contractors to notify employees of their right to limit payments to labor unions.

Eight years later, the worm turned.

When Donald Trump took office in 2016, he set about reversing Obama’s legacy. He issued executive decrees doing away with his predecessor’s requirement that companies report payroll data by race and gender; announced his intention to withdraw from the Paris climate agreement and the Iran nuclear deal; granted approval for construction of the Keystone XL pipeline; and rescinded Obama’s guidelines on investigating campus sexual assault allegations.

Now it’s Joe Biden’s turn to govern by decree. In his first two weeks as president, he signed 50 executive orders and memorandums, many directly overturning policies implemented under Trump. Among his changes: rejoining the Paris accord, ending construction of a border wall, canceling the Keystone pipeline permit, reversing the ban on travelers from several majority-Muslim countries, and again permitting support for organizations that promote abortion.

This has become the norm in American politics, and it should disturb anyone who values representative government and constitutional order — regardless of partisan loyalty. Americans who condemned Obama for bypassing Congress and unilaterally changing policy should have been just as unhappy when Trump later did the same thing. If a president’s moves to govern by diktat were alarming under Trump, they should be no less worrisome under Biden. Yet too many pundits and politicos condemn executive imperiousness only when it comes from presidents they don’t like. When they support the occupant of the White House, their response is more like that of Paul Begala, one of Bill Clinton’s political advisers, who in 1998 summarized the appeal of presidential reliance on executive orders.

“Stroke of the pen, law of the land,” Begala told the New York Times. “Kind of cool.”

The Founding Fathers didn’t think so. Article I of the Constitution begins: “All legislative powers shall be vested in a Congress of the United States.” For most of American history, it was taken for granted that Congress would play a decisive role — often the decisive role — in crafting government policy. From settling the West to banning competition-killing monopolies, from the Pure Food and Drug Act to the passage of civil rights, many of the nation’s most substantive and far-reaching changes were hammered out through the legislative process, with Congress indispensable to the process.

In recent decades, however, Congress has become almost an afterthought. On the presidential campaign trail, candidates now routinely promise to make sweeping changes in public policy through executive orders, often vowing to do so on their first day in the White House, or to act unilaterally if the legislative branch doesn’t give them what they want.

But there are three serious problems with that approach.

First, it is antidemocratic by definition: It bypasses the deliberation, compromise, and consensus-building that are inherent to legislating.

Second, it is polarizing. Each new president now commences his term by signing orders to undo much of what his predecessor leaves behind. The fixation on executive orders contributes to a zero-sum mindset in American politics, with each party determined not merely to advance its political agenda but also to eradicate the agenda of the other party.

Third, it entrenches instability. Executive orders are canceled as easily as they were created. Shifts in policy prove ephemeral. What is America’s policy on a border wall? On the Keystone pipeline? On Iran’s nuclear development? When the answers to such questions are a matter of presidential caprice rather than an act of Congress, they aren’t answers at all — merely holding patterns apt to change after the next election.

Biden, the first president since Lyndon Johnson to be elected following a long career in Congress, might reflect on LBJ’s approach to achieving enduring change.

In a 1973 interview with Walter Cronkite, Johnson explained why he had insisted that civil rights reforms be grounded in legislation. Black leaders had “wanted me to issue an executive order and proclaim this by presidential edict,” he recounted. “But I didn’t think it would be very effective if the Congress had not legislated, and I didn’t want to … start running the government by executive order.” Legislation is harder, but it lasts.

Biden surely understands this. “We’re a democracy. We need consensus,” he said during his run for the White House. Make that your mantra, Mr. President. Put down the pen with which you’ve been signing executive orders, and focus on legislation instead. It will be more challenging to work through Congress. But the legacy you craft will have far more legitimacy. And your successor won’t be able to undo it with the stroke of a pen.

(Jeff Jacoby is a columnist for The Boston Globe).

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.