
There's been a lot of news recently about the President's Executive Orders. This page will answer frequently asked questions about executive orders in general. StatesideLegal also has a page where you can see summaries of recent executive orders impacting military service and the VA.
Table of Contents:
To whom does an Executive Order apply?
How do Executive Orders affect me?
What if an Executive Order is in opposition to the constitution or existing federal law?
Who can overturn an executive order?
FREQUENTLY ASKED QUESTIONS (FAQs)
What is an Executive Order?
An executive order is an order that describes how the President wants the executive branch to operate and how it will make sure current laws are carried out properly. The Executive Branch is only one of three branches of government. There is also the legislative branch (which makes laws) and the judicial branch (which interprets those laws). The executive branch includes federal agencies, official departments, and White House staff. An executive order is not the same as a law passed by Congress and cannot go against the Constitution or existing federal laws.
Who do Executive Orders apply to?
An executive order applies to those in the executive branch. For example, federal agencies like the Department of Education, the Department of Agriculture, the IRS, and the Department of Defense are all required to follow legal executive orders. However, the President cannot use an executive order to tell the federal courts or congress how to operate. They have their own powers as equal branches of the government.
How do Executive Orders affect you?
Executive orders can affect all of us in different ways. They can impact federal student loans, education policy, federal health insurance, military regulations, and much more. In addition, executive orders can affect service members and those with military experience by changing military policy and priorities or how the VA operates and who has access to VA services.
What if an Executive Order is in opposition to the constitution or existing federal law?
If an executive order goes against the Constitution or existing laws, or if the order says something that is not within the power of the presidency, a court can stop or cancel it. Courts can also pause an order while they decide if it's legal or not.
Who can overturn an Executive Order?
Beyond the courts and the President who created the order, a new President can cancel or change past executive orders. Additionally, Congress can pass a law to override an executive order, but the President has the power to veto that law.
