Legal Definitions - executive order

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Definition of executive order

An executive order is a directive issued by the President of the United States or a state governor that carries the full force of law. These orders are typically based on the authority granted to the executive branch by the Constitution or by existing laws passed by the legislature. They allow the executive to manage the operations of the federal or state government, implement statutes, or address specific policy matters without requiring direct approval from Congress or the state legislature. While an executive order has immediate legal effect, its scope is generally limited by the powers already delegated to the executive, and it can be challenged in court or superseded by new legislation.

  • For instance, a President might issue an executive order requiring all federal agencies and contractors to pay their employees a minimum wage higher than the national standard. This order would directly affect thousands of workers employed by or contracting with the federal government.

    How this illustrates the term: This demonstrates an executive order being used by the President to implement a specific policy (a higher minimum wage) within the federal sphere, leveraging existing presidential authority over federal contracts and employment. It takes effect without a new act of Congress, directly impacting how federal agencies and their partners operate.

  • Consider a state governor who, during a severe drought, issues an executive order imposing mandatory water restrictions across the state, limiting outdoor watering and certain commercial uses. This order would be immediately enforceable by state agencies.

    How this illustrates the term: Here, a governor uses an executive order to respond to an emergency situation (drought) by implementing a statewide policy (water restrictions) that has the force of law. It bypasses the need for the state legislature to pass a new law, allowing for rapid action in a crisis, based on the governor's existing emergency powers.

  • Another example could be a President issuing an executive order directing federal agencies to prioritize the purchase of zero-emission vehicles for their fleets and to reduce greenhouse gas emissions from federal buildings by a certain percentage. This would guide the environmental practices of the entire federal government.

    How this illustrates the term: This shows the President using an executive order to direct the administrative functions and procurement policies of the federal government. It's an internal directive that has the force of law for federal agencies, aiming to achieve environmental goals based on the President's authority as head of the executive branch, without requiring new legislation from Congress.

Simple Definition

An executive order is a declaration issued by the President or a state governor that carries the force of law. These orders are typically based on existing statutory powers and take effect without requiring legislative approval. While they have legal authority, the legislature cannot directly overturn them.