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Since the time the Trump administration has taken office, American political scientists and scholars have encountered the phrase ‘constitutional crisis’ more than ever before. Executive Orders (EO) and presidential directives are at the heart of that debate. During his first term, President Donald Trump signed 220 EOs. Just a month into his second term, Trump has signed 73 EOs, 23 proclamations and 12 memorandums as of February 20, 2025—108 executive actions in all. Every president since George Washington has signed an EO, and their frequency has increased with modern presidencies. Trump, in his second term, has sped ahead of all presidents in signing the highest number of EOs in the first 100 days.
EOs have always been important in the American political scene, especially in the context of the presidential system, but in the context of the second Trump administration which took office on January 20 this year, it has acquired heightened importance. The legal basis for presidents to issue EOs lies in the Article II of the American Constitution which establishes the Executive branch of the government and vests power in the president to “take Care that the Laws be faithfully executed”. Living up to his campaign promise, President Trump has issued a slew of EOs targeting almost all-important areas of governance and policy, setting a net policy reversal from the Biden administration.
The legal basis for presidents to issue EOs lies in the Article II of the American Constitution which establishes the Executive branch of the government and vests power in the president to “take Care that the Laws be faithfully executed”.
The Trump administration has cited a US Supreme Court ruling to justify the obligation of the Executive to defend the nation’s sovereignty. Increasingly, it is becoming clear that the ‘check and balances’ of the American constitution will kick in and some of the executive actions by president Trump will be challenged in courts, some blocked and some still, implemented. A month into the second Trump presidency, it is perhaps timely to take a stock of the EOs signed and the impact they could have.
Table 1: Trump’s Executive Orders’ Status as of February 20, 2025
Source: Compiled from different sources by Mallaika Thapar, Yuvvraj Singh and Kashvi Chaudhary
EOs have been a handy tool for US presidents to enforce the power of the Executive over the other branches of the government. For Trump, in his second term, it could be a contestable path with the other two branches, particularly the Judiciary. With quite a few of the EOs challenged in court and some overturned, it remains to be seen what role the legislature plays in all this. In the end, the EOs cannot replace the Congressional process in lawmaking. If anything, it is the Congress that retains the power to override a presidential veto.
Amidst a flurry of EOs by the Trump administration that may change the quintessential nature of America as a country internally and externally, it will be interesting to see if the checks and balances by the other two branches of the government manage to reign in an Executive on steroids.
Vivek Mishra is Deputy Director – Strategic Studies Programme at the Observer Research Foundation.
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