In 1935, the Supreme Court struck down five of Franklin Roosevelt`s Executive Orders (6199, 6204, 6256, 6284, and 6855). With the exception of William Henry Harrison, every president since George Washington in 1789 has issued orders that may be commonly referred to as executive orders. Initially, they did not take a fixed form and therefore varied in form and substance.  « An executive order is something that is not a legal law, it`s by definition, that`s why they call it an executive order, but it has the force of law, » said David McQuilkin, professor emeritus of history and political science at Bridgewater College. The constitutional separation of powers between the executive, legislative, and judicial branches not only supports but limits a president`s power to issue executive orders and other policies. Of course, this creates friction. A law requires congressional approval and can be repealed by Congress, which is not the case with an executive order. Prior to 1932, uncontested executive orders had established issues such as national mourning over the death of a president and lowering flags to half the staff. An executive order is a means of issuing federal guidelines in the United States that is used by the President of the United States and administers the operations of the federal government.  The legal or constitutional basis of decrees has multiple sources. Section Two of the U.S. Constitution gives the president broad executive and executive powers to decide at his discretion how to enforce the law or otherwise manage the resources and personnel of the executive branch. The ability to issue such orders is also based on express or implied laws of Congress that confer some degree of discretion on the President (delegated legislation).
 Justices Frankfurter, Douglas, Black and Jackson dramatically examined the President`s power by striking down the order in question in Youngstown Sheet & Tube Co. v. Sawyer: In this case, Roosevelt`s successor, Harry S. Truman, ordered that private steel production facilities be seized in Executive Order 10340 to support the Korean War effort: The court ruled that the executive decree did not fall within the power conferred on the president by the Constitution. An executive order is issued either by the President of the United States or by the Governor of a State. From the President, the orders relate to the functioning of the federal government. Governors often use them in public health issues. A decree has the force of law, which means that there may be consequences for the violation. The publication of a decree is also usually much faster than the adoption of a law.
McQuilkin adds that executive orders can be struck down by the legislature or a court if they are considered an executive branch. Executive orders issued by state governors are not the same as laws passed by state legislators and are not laws. State executive orders are generally based on the existing constitutional or statutory powers of the governor and do not require action by the state legislature to take effect.      A bill must be approved by Congress before it can be completed, both at the state and federal levels. Laws can be repealed by Congress, which is not the case with a decree. However, if Congress wants to repeal an executive order, it can be done indirectly, for example, by reducing funding to enforce the executive order. To formally abolish an executive order, a president or governor would have to create a new order for that purpose. Federal courts can also strike down executive orders that are beyond the scope of the president`s powers, as an appeals court did with President Bill Clinton`s order to ban government contracts with companies that employed scabs, and the Supreme Court with its order requiring the government to use foreign languages in the provision of federal benefits and services.
Conservatives argue that President Barack Obama used executive orders to achieve results he failed to achieve in Congress. During Obama`s presidency, Congress frequently clashed with the executive branch over executive orders and other unilateral measures. Obama, however, is not the first president to face backlash. If you want to see what a particular decree dictates, you should look at that decree. If you want to see the latest requirements for a particular program, you should look at the executive decree in the field with the greatest number. George W. Bush`s 2001 executive order restricting public access to past presidents` documents and his 2008 executive order directing federal agencies to ignore future budget allocations that lawmakers do not vote on and do not include in passed legislation. While Reagan and the two Bushes — all Republican presidents — issued a significant number of executive orders, conservative academics argue that Democrats Clinton and Obama regularly overstepped their authority to enact such directives in areas where Congress had failed to act. Lincoln was the first to approach 50 with 48 executive orders. Ulysses Grant was the first to reach 200 to 217, and he held this record until the arrival of Theodore Roosevelt (1,081).
Other major issue of executive orders include Woodrow Wilson (1,803), Calvin Coolidge (1,203), Herbert Hoover (968) and Harry Truman (907). The Heritage Foundation has accused presidents of abusing executive orders by using them to enact laws without congressional approval and move existing laws away from their original mandates.  If a president`s authority derives from the power conferred by law, Congress is free to deny or modify that authority or pass laws to repeal the ordinance itself, because the Constitution empowers Congress to enact the laws that govern us. Still, the president must sign the bill that enacts this amendment unless Congress can override his veto. The Emancipation Proclamation was an executive decree that was itself rather unusual at the time. Executive orders are simply presidential directives issued by their boss to agents of the executive department.  Congress has the power to repeal an executive order by passing laws that invalidate it, and may also refuse to provide funds necessary to carry out certain policies contained in the executive order or to legitimize political mechanisms. In the first case, the President retains the right to veto such a decision; However, Congress can override a two-thirds majority veto to terminate an executive order. It has been argued that a repeal of an executive order by Congress is an almost impossible event because such a majority is required and the fact that such a vote leaves individual legislators vulnerable to political criticism.  Harry S. Truman issued 907 executive orders, including 1,081 orders from Theodore Roosevelt, 1,203 orders from Calvin Coolidge, and 1,803 orders from Woodrow Wilson. Franklin D.
Roosevelt has the distinction of making a record number of 3,522 decrees. An executive order is a statement by the president or governor that has the force of law, usually based on existing legal powers. They do not require Congress or the state legislature to take effect, and the legislature cannot repeal them. For example, George H. Bush, in anticipation of the Gulf War, issued Executive Order 12724, which prohibited transactions with Iraq and unceremoniously transferred ownership of Iraqi government property in the United States to the U.S. government. The executive order was issued under Acts of Congress, the Economic Powers in International Emergency Act and the National Emergencies Act. An executive order is a signed, written, and published directive of the President of the United States that administers the operations of the federal government.