At the federal level, an executive order is a directive by the president as the head of the executive branch; such an order governs the actions of federal government officials and federal agencies.
An executive order has much the same power as a federal law but is subject to judicial review and can be overturned if the order lacks support by statute or the U.S. Constitution. Congress can also pass a new law to override an executive order; however, in such a case, the executive order is subject to a presidential veto.
Some policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government—deciding how and to what degree legislation will be enforced, in dealing with emergencies and waging wars, and fine-tuning policy choices in the implementation of broad statutes.
Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify, or make exceptions to any executive order.
An executive order can:
- Direct agencies on how to implement laws and allocate resources.
- Create committees, agencies, and task forces.
- Change the administrative structure of committees, agencies, and task forces.
- Activate emergency power under national emergencies.
- Address military operations and matters of foreign affairs.
An executive order cannot:
- Alter the U.S. Constitution.
- Direct federal spending outside of congressional approval.
- Overturn rulings by the U.S. Supreme Court.
- Nullify existing congressional legislation.
- Alter the balance of power between Congress and the Judiciary.
- Bypass the legislative process by creating a new law.
