Executive Orders: What they can and can not do according to the Constitution
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- Executive Orders cannot make new laws. They must be based on existing laws or constitutional powers.
- Executive Orders cannot override congressional laws. The law takes precedence if the order contradicts existing law.
- Executive Orders do not control funding. They cannot allocate or withhold funds authorized by Congress.
- Executive Orders cannot violate the Constitution.
- Executive Orders cannot appoint high level officials without Senate approval.
- Executive Orders cannot bypass Congress for treaties and cannot formally create foreign policy. It takes a 2/3 vote of the Senate to do that.
- Executive Orders cannot interfere with elections, change election rules, or change election results. Those are determined by the Congress and state legislatures.
- Executive Orders cannot prevent impeachment.
- Executive Orders must be followed only by federal agencies.
Track Executive Orders at whitehouse.gov/presidential-actions. It is important to read the text of the action, not just the title.
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