Executive Orders

Executive orders are directives from the heads of executive branches of governments at both the federal and state levels, which concern the management of government operations. They have the force of law and are declared without consent from any other branch of the government. They are, however, subject to judicial review. An executive order can only be issued by the president if it is done so under constitutional or statutory authority. The legal basis for federal executive orders stems from Article II of the US Constitution, which lays out the powers of the president. Further legal parameters for federal executive orders are found in statutes, such as the War Powers Resolution. Likewise, state constitutions and statutes are the legal basis for gubernatorial executive orders.

Executive orders can be made into law if Congress chooses to pass legislation embodying the order or if an agency promulgates a regulation to the same effect.


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