Explainers/Executive
Executive orders and what they can do
Directives to the executive branch carry the force of law only within the authority a president already has.
4 min read|Updated July 27, 2026
An executive order is a written directive from the president to federal agencies. It is not legislation. It can direct how agencies use discretion Congress already granted them or how the president exercises constitutional powers, but it cannot create new authority, appropriate money, or override a statute.
- Legal source
- Article II powers or authority delegated by statute
- Published in
- The Federal Register, with a sequential number
- Can be undone by
- A later president, an act of Congress, or a court
- Cannot
- Appropriate funds or contradict an existing statute
How is an order different from a rule?
An executive order instructs the executive branch. A regulation issued by an agency binds the public and usually must go through notice-and-comment rulemaking under the Administrative Procedure Act, including a public comment period and a reasoned final rule that courts can review.
What are memoranda and proclamations?
Presidential memoranda function much like executive orders but are not required to cite authority or be numbered in the Federal Register. Proclamations typically address the public rather than agencies; some are ceremonial, while others, such as tariff or immigration proclamations, carry substantial legal effect under specific statutes.
How are orders challenged?
Parties who can show concrete harm may sue, usually arguing the order exceeds statutory authority, conflicts with a statute, or violates the Constitution. Courts have struck down orders on those grounds, most famously the 1952 steel seizure case, Youngstown Sheet and Tube v. Sawyer.
How long do they last?
Indefinitely, until revoked. A successor can rescind an order on the first day of a term with a single new order, which is why some policy areas swing sharply between administrations. Congress can also block an order by statute, though that requires a veto-proof majority if the president objects.