Saturday, March 8, 2025

Trump pushes boundaries of executive powers

Donald Trump began his second presidency with an avalanche of executive orders, continuing the trend of 21st-century presidents to assume the role of an elected monarch.

Trump Tests the Limits of Executive Orders | Reason | J.D. Tuccille:

April 2025 - "Well before President Donald Trump returned to office, his supporters boasted that he would start the second term with a flurry of executive actions. The new president exceeded expectations with an avalanche of pardons, orders, and edicts on matters great and small. Wide-ranging in their scope, the orders 'encompassed sweeping moves to reimagine the country's relationship with immigration, its economy, global health, the environment and even gender roles,' noted USA Today.

"Some should be welcomed by anybody hoping for more respect for liberty by government employees. Others extend state power in ways that are worrisome or even illegitimate. All continue the troubling
trend, over the course of decades and administrations from both major parties, for the president to assume the role of an elected monarch....

"'If it seems as if more recent presidents have had more power than even Washington or Lincoln, it's not an illusion,' Harvard Law School's Erin Peterson wrote in 2019. 'The last three presidents in particular have strengthened the powers of the office,' including through executive orders.... 

"Joe Biden, who took office in 2021, was told to 'ease up on the executive actions, Joe' by even the sympathetic editors of The New York Times after a flurry of executive orders that set a new record up to that point.... Sympathetic to his policies, they pointed out the orders could be reversed by a future executive. Inevitably, and understandably, many of Trump's actions upon assuming office for the second time have involved reversing Biden's orders — some of which had themselves nullified Trump's first-term actions. It's a battle of government by decree with the advantage going to whoever currently holds the presidency....

"Some of Trump's executive orders are very welcome, indeed, for those of us horrified by federal agencies pushing the boundaries of their power.... But other orders seek to exercise power beyond the boundaries of presidential authority—or even the power of the federal government....

"These issues will be hashed out in court. But flaws in these ideas could have been exposed during congressional testimony and debate. It's especially difficult to justify many of these orders given that Republicans hold the majority in both houses of Congress. But even if the legislature was divided or controlled by Democrats, the federal government consists of three branches intended to slow action and encourage deliberation.

"Trump is on firm and even welcome ground when he uses his presidential power to rein in executive agencies and undo the excesses of his predecessor. But making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution."

Read more: https://reason.com/2025/03/04/trump-tests-the-limits-of-executive-orders/

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