Presidential Actions: An Explainer

The arrival of a new president brings with it much change. The White House issued 26 Executive Orders on the first day of the new term on a range of topics including immigration, the economy, crime, energy, the environment, and government operations. This rush of presidential actions in just the first week has many people asking questions: What exactly is an Executive Order, and how does it differ from other presidential actions? What legal authority grants the president powers to issue such orders? What legal weight do Executive Orders and other actions carry? Can they be challenged and how? With the glossary below and links to further reading, we attempt to answer these questions.

Terms

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  • Executive Orders are legally binding directives issued by the President to federal agencies, departments, or officials. They carry the force of law but do not require congressional approval. Executive Orders can be challenged by congressional actions or by judicial review.

  • Presidential Proclamations are formal public announcements issued by the President. They may have legal force but typically serve to recognize significant events, commemorate special occasions, or declare policies. Some proclamations, such as those relating to tariffs or trade, may have binding effects, while others (e.g., Thanksgiving Day Proclamations) are more ceremonial.

  • Presidential Memoranda are official written directives issued by the President to manage the operations of the federal government. They are generally considered less formal and less publicized than Executive Orders.

  • Administrative Directives are internal instructions or guidance issued by the President or senior White House officials to federal agencies, departments, or personnel to manage government operations. These directives typically focus on implementation details, procedural instructions, or internal management policies rather than broad policy shifts.

  • Presidential Findings are classified directives issued by the President of the United States to authorize covert intelligence operations conducted by the Central Intelligence Agency (CIA). These findings are required by federal law before the U.S. government can engage in covert actions abroad.

  • Unlike some countries where “decrees” are a specific category of executive rulemaking, in the U.S., the term Presidential Decree is not commonly used in a legal sense. Instead, actions resembling decrees would fall under Executive Orders or Proclamations.

Table credit: AI-assisted generation using ChatGPT

Further Reading

Executive Orders in Full Text