Executive Orders Are Not Law -- Digby

[erronis]

https://digbysblog.net/2025/04/24/executive-orders-are-not-law/

The president isn’t a king

Aaron Rupar
@atrupar.com

Trump ahead of signing executive orders: "We're signing some important legislation."

(That is not how EOs work)

Margaret Sullivan made a super important point in her newsletter the other day. The way the press is reporting on these Executive Orders, which is the only thing he’s actually doing,

Immediately after retaking the presidency in January, Donald Trump began signing executive orders with lightning speed. Wielding his fancy pen like a wrecking ball, he acted like he was autographing new copies of “The Art of the Deal” for his fans.

[….]

In his first three months in office, Trump has signed more than 120 executive orders — not only a record number for any president in that short time but closing in on what some former presidents have signed in their entire terms.

And the media — particularly in credulous headlines and news alerts — has too often covered them as if they’re settled law, accepting Trump’s inflated sense of his own power. A few examples:

“Trump Signs Order Barring Transgender Student-Athletes From Women’s Sports,” said a New York Times headline .

“Trump signs executive order to dismantle the Education Department,” according to NBC News.

“Trump Signs Order Requiring Citizenship Proof to Vote in Federal Elections,” blared another Times headline.

Deeper in the stories, journalists often pointed out serious legal or constitutional issues, but you’d never know it from the headlines…

But as I’ve noted before, many people never get very far into a news story. They scan a headline or a social media post, and come away with a conclusion that’s incorrect. And while it’s true that it’s difficult to get much nuance or context into a six- or eight-word news alert, it’s the media’s responsibility not to leave the public with a false impression.

To put it bluntly, these orders aren’t the law. Legally, executive orders essentially are memos to Trump’s subordinates to act within their existing powers. Those powers are authorized by laws enacted by this organization you might have heard of? It’s called Congress. (And, after all, Congress gets top billing in Article I of the Constitution as the body that gets all legislative powers. The president, says Article II, is supposed to take care that the laws be faithfully executed.)

Obviously, Trump doesn’t understand that his Executive Orders aren’t laws. He thinks he’s signing legislation. But the rest of us should be very clear that these are not laws and do not have the same authority.

It will be up to courts to decide just how much power Trump actually has to enact his own imperial orders (let’s hope not much) but a lot of what he’s doing is in contravention of laws passed by congress and signed into law which should force the courts to order that they not be followed. We’ll have to see. But none of us should ever think that this flurry of presidential decrees have the force of law in and of themselves. They do not.

The media should make that clear every time he signs one.

[Johonny]

1. We are learning court time and time again

These EO are not law.

[erronis]

3. If the king issues them, then in his feeble mind, they are the loi-du-seigneur.

[yonder]

2. Good post with some important, though seemingly fading, distinctions.

[erronis]

4. Wonkette just now: Hear Ye, Hear Ye, New Holy Executive Orders Just Dropped!

https://www.wonkette.com/p/hear-ye-hear-ye-new-holy-executive
Marcie Jones

Bye colleges, hello AI!

Dear Leader signed 10 Holy Executive Orders last night. You’ll laugh, you’ll cry, you’ll say, “this is the most un-American thing I’ve ever seen!” Starting with how they all begin “By the authority vested in me as President by the Constitution and the laws of the United States of America,” and then decreeing rules that the Constitution makes clear are supposed to be made by Congress.

An Executive Order is a wish list, a statement of intent, it is not law. But with Congress rolling over and playing dead, and the Supreme Court willing to let him do just about whatever, the orders are more like “this is what’s happening until a court steps in to stop it.” Okay, probably you won’t laugh. We were just trying to hook you with the lede.

So what is this pile of dogshit, let’s see! Most of them are about giving the government even more new, unprecedented powers to control schools, so it can effectively shut down colleges by taking their ability to offer financial aid, and/or micromanage what they teach.

. . .

[pbmus]

5. NoShit...

[UTUSN]

6. knr