Solely per week into President Donald Trump’s second time period and he has already tested the limits of executive power, a method to implement — with blazing pace — a controversial and daring conservative agenda, from ending birthright citizenship to ending federal Range, Fairness and Inclusion (DEI) insurance policies.
He additionally issued pardons and clemencies for over 1,500 folks concerned with the Jan. 6 assault on the Capitol, together with ones convicted of violently attacking cops.
President Donald Trump indicators govt orders within the Oval Workplace of the WHite Home in Washington, Jan. 20, 2025.
Carlos Barria/Reuters
Authorized specialists and historians inform ABC Information that the sheer variety of these govt orders is unprecedented primarily based on previous presidents’ actions however whether or not they’ll stick is way from assured. Actually, Trump’s agenda hit its first snag after a federal decide issued a temporary injunction on his EO over birthright citizenship Thursday.
“Government orders shouldn’t have the identical authorized standing or authorized high quality as legal guidelines enacted by Congress. Some are extra simply mere needs {that a} president wish to see. And a few are pursuant to regulation and might solely be stopped by judicial overview,” Stephen Griffin, a professor of constitutional regulation at Tulane Regulation Faculty, advised ABC Information.
Griffin and different authorized specialists stated it’s seemingly that a few of the different decrees is not going to stand as much as the hermetic legal guidelines grounded within the Structure. Nevertheless, given the Republican-controlled Congress, the battles of those orders might be lengthy drawn out and attain what they are saying Trump is admittedly searching for along with his “rapid-fire” decrees, sending a stark message to the nation.
“It should take just a few weeks to see whether or not the orders have the pressure of regulation or extra of these are simply alerts,” Griffin stated.
An indication prohibiting ICE and Homeland Safety from getting into and not using a warrant is posted on a door at St. Paul and St. Andrew United Methodist Church whereas an individual waits to go inside to the church in New York Metropolis, Jan, 23, 2025.
Eduardo Munoz/Reuters
Griffin stated historically presidents have been extra cautious about issuing many govt actions this early into their administration given the seemingly authorized challenges that they face, even when the order is simply achieved for face worth.
“The usage of govt orders at the start of an administration goes way back to [President Ronald] Reagan. It actually ramped up beginning with the [George W.] Bush administration and hasn’t stopped,” he defined.
Authorized specialists stated that Trump’s newest decrees are uncommon in that not solely did he publicly announce his plans to crack down on immigration and variety on “day one,” however he and his allies have been working for years to craft these orders to satisfy that objective.
Sally Katzen, professor of regulation at New York College Faculty of Regulation who labored within the Clinton administration and served within the Obama-Biden transition crew, advised ABC Information that Trump’s actions are removed from a gimmick.
“My very own private view is I imagine what he says and he is going massive time. He is taking pictures for Mars and he is taking pictures to vary so many issues any method he can,” she stated.
Katzen famous that Trump has boasted that he may get away with something even taking pictures somebody on fifth Avenue and now that the Supreme Courtroom has given him some immunity for his actions and he has each homes of Congress in Republican management he is able to take a look at out these limits.
Regardless of these weakened guardrails, Trump will nonetheless have limits that make it tougher for his orders to enter full impact or stay in place, the specialists stated.
A number of state attorneys basic have filed a authorized problem to the birthright govt order, Katzen stated, and have a powerful case primarily based on the wording and the strict pointers put in place by the 14th Modification.
“I do not suppose he can blink at that. I don’t suppose a court docket can be receptive to govt energy. I do not suppose they’d be prepared to rewrite the Structure even with judges which can be extra favorable towards him,” she stated.
A federal decide overseeing the lawsuit agreed and signed a brief restraining order blocking Trump’s govt order on birthright citizenship Thursday in a Seattle court docket.
““I’ve been on the bench for over 4 a long time. I can’t bear in mind one other case the place the case introduced is as clear as it’s right here,” U.S. District Choose John Coughenour stated. “This can be a blatantly unconstitutional order.”
Trump advised reporters Thursday he plans on interesting the order.
Griffin famous that the case of the EO involving TikTok, the regulation that banned the social community is strictly written and solely a full Congressional change can undo the ban.
Katzen and Griffin, nevertheless, warned that the largest issue at play on this scenario is time.
As seen in earlier govt orders, equivalent to Trump’s first administration’s try to ban immigrants from Muslim-majority international locations, the authorized fights will take a very long time and certain see a back-and-forth of injunctions that stall the implementation of the insurance policies.
“There will probably be a major period of time earlier than any of that is resolved,” Katzen stated.
Griffin famous that that point within the courts might not profit the president.
“What issues is what does he and his authorized time wish to spend his assets. Presidential time is finite and there will probably be extra issues that come up within the subsequent 4 years that he can’t ignore,” he stated.
President Donald Trump indicators quite a few govt orders on the primary day of his presidency within the Oval Workplace of the White Home in Washington, Jan. 20, 2025.
Jim Lo Scalzo/Pool/EPA-EFE/Shutterstock
Though the president does have Congress on his facet, there’s additionally no assure that they’ll keep on with him on these excessive orders, in accordance with Katzen.
Current polling has proven that almost all of Individuals are against the Eos that banned birthright citizenship and pardoned the Jan. 6 rioters. Kazen famous that the Home Republicans have a really slim majority that may simply be modified primarily based on how voters react.
Even Trump’s threats of being primaried can go to this point, in accordance with Kazen.
“As a candidate, he didn’t appear receptive to any limits to his authority, however there’s a consequence and that may be the Congress, which for the subsequent 2 years, is prepared to kiss his ring. Let’s examine how a few of these play out,” she stated.
ABC Information’ Peter Charalambous contributed to this report.
