It’s been two weeks under the new presidential administration, and a lot has happened. One of the more important things that has happened has been a series of executive orders signed by the president. In the first week, several executive orders were signed, some of which have direct implications for Black people in America and some that will implicate Black immigrants who are coming into America. He also rescinded some executive orders from the last administration that were beneficial for us. Of course, executive orders are well within the president's rights and fall well within his Article II authority (Article II is the section in the Constitution that details the power of the executive branch of the government, which includes the president). Although these aren’t technically laws, they do have the force of law, meaning that they behave like laws. They also are often used as a tool to set the tone for what to expect from a president's term as far as policies are concerned.
So what are they? What’s the actual definition? The American Bar Association defines them as a “signed, written and published directive from the President of the United States that manages operations of the federal government.” The Bureau of Justice Assistance defines them as “official documents … through which the President of the United States manages the operations of the Federal Government.” It feels like a law, especially how they’ve been talked about over the last few days. It’s being marketed like a law. But they aren’t. Laws are passed by Congress and must go through the House, then the Senate. Executive orders do not.
At first glance, it looks, feels, and sounds like executive orders give the president some form of unchecked power. Which, in a government that boasts of checks and balances wouldn’t make sense. They are limited. There are executive checks, congressional checks, and judicial checks. So, every branch of government has a check for these. An executive order can be rescinded by a new president, it can also be made difficult by Congress. For example, congress can pass legislation that invalidates the executive order. Congress can also simply not release the money required to carry out the directives of an executive order. The U.S. Constitution gives them the “power of the purse” through the Appropriations Clause, so they control the money. Another check on executive orders is the court system. In the last few days, a Judge has blocked an executive order. The reasoning was that it was unconstitutional. Which is the last check. The executive orders cannot go against the supreme law of the land. The Constitution.
3 executive orders will have a profound effect if they are successfully executed. The first one is titled “Ending Radical And Wasteful Government DEI Programs And Preferencing.” This relates to initiatives started during the last administration that were aimed at dealing with inequities via diversity, equity, and inclusion practices. The last administration enacted certain policies as a means to advance policies for a more diverse and inclusive workplace. The plan, through this executive order, is for those to come to an end. This removes several protections for Black employees in the federal government as well as Black potential employees who may be interested in working at that level.
The second one is called “Enforcing the Hyde Amendment.” This is an amendment that relates to using federal money, or taxpayers' money, to fund elective abortions. In the last four years, several changes have been made concerning the freedom of choice for women. Including the Supreme Court overturning Roe v. Wade. This executive order further cements that the federal government, at least from this current administration wants nothing to do with the practice of abortion. One of the central issues here is that with the growing healthcare issues and disparities in the United States, any opportunity for people to receive assistance for medical procedures is deeply beneficial for the general public. Executive orders such as these will hit hard in places and for people who don’t have the means to pay for abortions out of pocket. Moves such as these will disproportionally affect Black women, who are already at the mercy of several healthcare disparities.
The third executive order to pay attention is called “Protecting the Meaning and Value of American Citizenship.” This one has already been blocked by a judge who deemed it as being unconstitutional. This order is to not grant citizenship to children born here, but have parents who are here illegally. This order will inevitably affect immigrants coming from the Caribbean, South America, and Africa. Since a Judge blocked it, this will most likely be stuck in court for a while before it takes effect, but it is one to keep in mind.
As mentioned before, a president can also rescind previous executive orders. 2 executive orders were rescinded that have significance to us. The first is titled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” The second one is titled “Reforming Our Incarceration System to Eliminate the Use of Privately Operated Criminal Detention Facilities.” The first one was signed during the last term to make sure that certain internal policies within the government were made with the express goal of acknowledging, combating, and addressing racial inequities. The second one ended the practice of the government having contracts with private prisons. The Prison Policy Initiative reported that the U.S. has the highest incarceration rate of any country. Although Black people represent about 13 percent of the population, Black men represent around 38% of the prison population according to the Federal Bureau of Prisons.
These directives, both the orders and rescissions indicate shifts in policy that often some states may decide to replicate. So, even though some of these decisions seem far removed, they aren’t. Some may argue that if an issue is so important, then why was it an executive order and not a law? This is a valid argument that can only be settled or further explored with people speaking up, advocating, and doing some of the grassroots work that moves the ball forward. As a community, the duty now is to stay as informed as possible, as aware as possible, and make a conscious effort to read between the lines of things as they are happening. The thing to watch for in the coming months is what will happen in the courts as some of these orders are litigated and how that may affect the next set of orders or push Congress to codify certain things into law.