Please note!

This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Do presidential executive orders always have the force of law?

Thursday, August 13, 2020

By Cory Dawson

Copy link

Copy featured image

Executive orders by a U.S. president have the force of law--unless they are challenged because they deal with matters not clearly delegated to the executive branch by the Constitution or Congress.

Every president since Washington has used executive orders. Presidents Clinton, Bush and Obama each issued between 250 and 300 during their tenures. As of Aug. 11, President Trump has signed 179. Opponents of a particular order may challenge it in court. President Truman's 1952 order taking over the steel business to block a strike was blocked by the Supreme Court.

Orders that redirect federal funds may clash with Congress' Constitutional "power of the purse." A Trump order on Aug. 8 extending unemployment payments enacted by Congress in March drew criticism from Democratic legislative leaders, but it's unclear if they will challenge it.

This fact brief is responsive to conversations such as this one.

Sources

Federal Register: Presidential executive orders since 1994

American Bar Association: What is an executive order?

New York University Law Review: Executive orders and sources of law

Politico: Criticism and constitutional issues greet Trump’s executive orders

ABOUT THE CONTRIBUTOR

Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF BY

Latest fact briefs

About fact briefs published on Gigafact

Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.