Also known as: executive order · exec. order
Written by attorneys · grounded in primary & secondary sources — see below
A presidential directive that implements or interprets statutes or constitutional provisions and binds the executive branch. Such directives carry the force of law when they rest on statutory or constitutional authority but cannot amend or repeal statutes or insulate executive actions from judicial review.
Select any source to read its text and confirm it supports the definition.
President Nolan issues an executive order creating a military commission to try a detained software engineer. The commission relies on secret algorithms that neither the accused nor counsel may review. A federal court invalidates the commission because its procedures exceed the statutory limits requiring compliance with constitutional and law-of-war safeguards.
The President issues an executive order restricting entry of nationals from several majority-Muslim countries on national-security grounds. A court upholds the order after applying rational-basis review and finding the stated purpose rationally related to protecting critical infrastructure.
During a labor dispute the President issues an executive order directing the Secretary of Commerce to seize and operate privately owned steel mills. The Supreme Court holds the order exceeds presidential authority because it conflicts with congressional statutes governing labor relations.
The President issues an executive order directing the Attorney General to seek an injunction preventing newspapers from publishing classified documents. The Supreme Court refuses the injunction because the order lacks statutory authorization and the prior-restraint burden is not met.
An executive order directs an agency to make final factual determinations in compensation claims without judicial review of constitutional questions. A court holds that the order cannot strip Article III courts of authority to decide whether the underlying statute is constitutional.
An executive order requires all federal agencies to use a written test for promotions that disproportionately excludes minority applicants. Plaintiffs challenge the order under the Equal Protection Clause and the court applies rational-basis review to determine whether the test serves a legitimate governmental purpose.
No. An executive order cannot constitutionally strip Article III courts of authority to interpret federal statutes in concrete cases. Courts must independently determine the meaning of statutes and whether executive actions comply with the Constitution.
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No. Once Congress enacts and the President signs a statute creating offices and appropriating funds, the President cannot unilaterally cancel those provisions. Doing so would amount to an unconstitutional line-item veto or partial repeal of a statute.
…Boulder, Colo., Rev. Code §§ 12-1—2 to —4 (1987) (same); Denver, Colo., Rev. Mun. Code art. IV, §§ 28-91 to —116 (1991) (same); Executive Order No. D0035 (December 10, 1990) (prohibiting employment discrimination for all state employees, classified and exempt' on the basis of sexual orientation); Colorado Insurance Code, §…
…violates the Establishment Clause of the First Amendment. I A Shortly after taking office, President Trump signed Executive Order No. 13769, Protecting the Nation From Foreign Terrorist Entry Into the United States. 82 Fed. Reg. 8977 (2017) (EO–1). EO–1 directed the Secretary of Homeland Security to conduct a review…
…the needs of the postal service and inquiring into the conditions of the employees. To my surprise I found that under an Executive order
…reports showing the range of daily prices and volume of sales" for each kind of produce. The President approved the Code by an executive order
…Pardons and Paroles is authorized to make recommendations to the Governor, S. D. Codified Laws §§ 24-14-1, 24-14-5 (1979); S. D. Executive Order 82-04 (Apr. 12, 1982), but the Governor is not bound by the recommendation, § 24-14-5. [^maj-8]: An amercement was similar to a modern-day fine. It was the most common criminal sanction in…
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It can. The Take Care Clause requires the President to faithfully execute statutes rather than suspend or nullify them. Prolonged inaction that allows statutory deadlines to pass without an operative substitute framework may constitute an abdication of that duty.
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When the commission's procedures depart from statutory requirements that commissions comply with the Constitution, federal law, and the laws of war. Failure to establish jurisdictional facts or to provide the accused and counsel access to evidence renders the commission invalid.
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Courts generally apply at most rational-basis review and accord substantial deference to the political branches. An order survives if it states a legitimate national-security purpose rationally related to its restrictions, even when extrinsic statements suggest improper animus.
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