Checks and Balances: Can Congress Override Presidential ?Executive Orders?

Recent years have seen an increase in the use of executive orders by US Presidents, with former President Donald Trump setting a record with 111 such orders during his term. This has raised questions about the balance of power and whether Congress can effectively check these executive actions. This article explores how Congress overrides executive orders, the checks and balances in place, and the historical context of executive orders across different administrations.

How Can Congress Override Presidential Executive Orders?

One of the primary methods for Congress to override a presidential executive order is by passing a new piece of legislation that specifically negates the order. This legislation would need to be passed with a veto-proof majority, meaning it must receive a two-thirds vote in both the House of Representatives and the Senate. Once passed, the new legislation would invalidate the executive order.

It is important to note that while Congress has the power to overturn executive orders, the President retains the ability to veto such legislation. However, Congress can override such a veto by achieving a two-thirds supermajority in both chambers of the legislature.

The Role of an Incoming President

Another significant check on executive orders is the regular turnover of presidential administrations. Each new President often issues executive orders that negate those of the previous President. These new orders are typically based on the belief that the previous administration overstepped its bounds or introduced negative unintended consequences.

For example, former President Donald Trump signed an executive order requiring hospitals to disclose prices to patients, which is now seen as a positive step towards transparency in medical costs. Conversely, some of Trump's previous executive orders were later overturned by his successor, President Joe Biden, who felt they overstepped governmental authority or had harmful unintended consequences.

Historical Context: Executive Orders Across Administrations

The use of executive orders by past Presidents has been quite varied. Democrat Franklin D. Roosevelt issued the most executive orders, averaging 307 per year during his presidency. In recent history, Democrat Jimmy Carter ranked second in the number of orders, issuing an average of 80 per year, while Republican Donald Trump averaged 50 per year.

It is also worth noting that while some of these orders may have been controversial, Congress did not always act to override them. For instance, former President Barack Obama averaged 35 executive orders per year, but Congress did not overturn these orders as a collective action. This suggests that there may be limited precedent or institutional memory for systematically overturning executive orders through legislative means.

Conclusion

While the use of executive orders can be contentious, the system of checks and balances remains in place to ensure a balance of power. Congress has the legal authority to override executive orders through new legislation, and the term limits of presidential administration naturally create opportunities for revertive actions. Understanding these dynamics is crucial for maintaining a healthy balance of governmental powers.

For further reading on this topic, consider the following infographic: Number of Executive Orders Issued on Average per Year by U.S. Presidents.

Remember, the distinction between executive actions and executive orders can be subtle. The media often lump the two together, but careful analysis is essential to gaining a full and accurate understanding of presidential actions.

Additional Information and Resources:

Infographic: Number of Executive Orders Issued on Average per Year by U.S. Presidents Executive Orders: A Brief History and How They Work Congressional Research Service: Executive Orders, Legislative Procedures, and Checks and Balances