8 things Executive orders can do and 8 things they can't
Mar 31, 2025
HONOLULU (KHON2) -- Executive Orders are a privilege of the Executive Branch; and while this privilege is a protected constitutional right, it does not expand the power of the President of the United States (POTUS).
Since Jan. 20, POTUS has inundated the U.S. with copious amounts of Executive Or
ders, but these orders don't carry the weight that many people think they do.
So, KHON2.com did a bit of digging to find out what power these Executive Orders have and what that will mean to the average citizen.
What Executive Orders can do
Have the force of law: As directives from POTUS, executive orders carry legal weight and must be followed only by federal agencies.
Manage the Executive Branch: They regulate operations only within federal agencies and departments to ensure policies align with the POTUS agenda. An example is troop deployments.
Implement existing laws: POTUS can clarify or guide the enforcement of laws that have already been created and passed by Congress.
Grant pardons and reprieves: Except in cases of impeachment, POTUS can use executive orders to issue pardons.
Fill vacancies: POTUS can temporarily fill vacancies in government positions only during time the Senate is in recess.
Recognize foreign diplomacy: POTUS can receive ambassadors and set foreign policy directions within the already existing legal frameworks.
Enforce congressional mandates: POTUS must “take Care that the Laws be faithfully executed” in order to ensure federal agencies implement legislative policies created by Congress.
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What Executive Orders cannot do
Cannot make new laws: Only Congress can create new legislation; executive orders must be based on existing laws or constitutional powers.
Cannot override congressional laws: If an executive order contradicts an existing law that has already been passed by Congress, the law will always take precedence.
Cannot control funding: POTUS cannot allocate or withhold funds unless authorized by Congress, regardless of how many orders are signed.
Cannot violate the Constitution: Any executive order that infringes on constitutional rights can be overturned by the courts.
Cannot appoint high-level officials without Senate approval: While POTUS can nominate officials, most all nominations require Senate approval and confirmation.
Cannot bypass congress for treaties: International agreements that require binding commitments must be approved by two-thirds of the Senate. Hence and executive order cannot formally create foreign policy.
Cannot interfere with elections: POTUS cannot use executive orders to change election rules, dates or results. These are determined only by Congress and individual state legislatures.
Cannot prevent impeachment: POTUS cannot use an executive order to protect themselves or others from impeachment proceedings.
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You can click here to read Article II of the U.S. Constitution. ...read more read less