What exactly is an executive order, and how significant are they to a president's legacy?
One of the first ways a new president is able to exercise political power is through unilateral executive orders.
While legislative efforts take time, a swipe of the pen from the White House can often enact broad changes in government policy and practice. President Donald Trump has wasted little time in taking advantage of this privilege.
Given his predecessor's reliance on executive orders to circumvent Congress in the later days of his presidency, he has a broad range of areas in which to flex his muscle.
What are executive orders?
Here's a look at some of what Mr Trump has done so far:
Climate change policy reversal
Mr Trump signed the order at the Environmental Protection Agency (EPA) undoing a key part of the Obama administration's efforts to tackle global warming.The order reverses the Clean Power Plan, which had required states to regulate power plants, but had been on hold while being challenged in court.
Before signing the order, a White House official told the press that Mr Trump does believe in human-caused climate change, but that the order was necessary to ensure American energy independence and jobs.
Environmental groups warn that undoing those regulations will have serious consequences at home and abroad.
"I think it is a climate destruction plan in place of a climate action plan," the Natural Resources Defense Council's David Doniger told the BBC, adding that they will fight the president in court.
Immediate impact: Remains to be seen. Watch for Democratic states' attorneys general and environmental protection groups filing lawsuits.
Travel ban 2.0
After an angry weekend in Florida in which he accused former-president Barack Obama of wiretapping his phones at Trump Tower, Mr Trump returned to the White House to sign a revised version of his controversial travel ban.
The executive order titled "protecting the nation from foreign terrorist entry into the United States" was signed out of the view of the White House press corps on 6 March.
The order's new language is intended to skirt the legal pitfalls that caused his first travel ban to be halted by the court system.
The updated ban:
- Temporarily halts entry to citizens for 90-days of six Muslim-majority countries (Iran, Libya, Syria, Somalia, Sudan and Yemen)
- Removes Iraq from the previous list, due to increased vetting of its own citizens
- Delays implementation until 16 March
- Allows current visa holders to travel to the US
- Does not affect permanent visa holders (Green Card holders)
- Suspends the refugee programme for 120 days
- Treats Syrians like any other refugee or immigrant
- Removes the religious clause favouring religious minorities - namely Christians
Trump signs new travel-ban directive
Undoing Obama-era waterway regulations
Surrounded by farmers and Republican lawmakers, Mr Trump signed an order on 28 February directing the EPA and the Army Corp of Engineers to reconsider a rule issued by President Obama.The 2015 regulation - known as the Waters of the United States rule - gave authority to the federal government over small waterways, including wetlands, headwaters and small ponds.
The rule required Clean Water Act permits for any developer that wished to alter or damage these relatively small water resources, which the president described as "puddles" in his signing remarks.
Opponents of Mr Obama's rule, including industry leaders, condemned it as a massive power grab by Washington.
Scott Pruitt, Mr Trump's pick to lead the EPA, will now begin the task of rewriting the rule, and a new draft is not expected for several years.
Immediate impact: The EPA has been ordered to rewrite, or even repeal the rule, but first it must be reviewed. Water protection laws were passed by Congress long before Mr Obama's rule was announced, so it cannot simply be undone with the stroke of a pen. Instead the EPA must re-evaluate how to interpret the 1972 Clean Water Act.
Coal waste
A bill the president signed on 16 February put an end to an Obama-era regulation that aimed at protecting waterways from coal mining waste.Senator Mitch McConnell had called the rule an "attack on coal miners".
The US Interior Department, which reportedly spent years drawing up the regulation before it was issued in December, had said it would protect 6,000 miles of streams and 52,000 acres of forests.
Reshuffling the national security team
The executive order elevates controversial adviser Stephen Bannon to the National Security Council (NSC), which is the main forum for discussion of issues of highest security and foreign policy.Mr Bannon, the former editor of the Breitbart News Network, joins the NSC principals committee, effectively giving him a security role normally held by military generals.
At the same time, the order also shifts the role of the director of national intelligence and the chairman of the Joint Chiefs of Staff (the highest ranking military officer in the US), who will now only attend meetings "where issues pertaining to their responsibilities and expertise are to be discussed".
White House officials strongly denied that this meant a demotion for the top US general.
Previous presidents had kept separate their political and national security advisers for fear of being seen to be playing politics with the country's security.
President George W Bush's chief of staff, Josh Bolten, barred his top adviser Karl Rove from ever attending the meetings, saying the NSC decisions "involve life and death for the people in uniform" and should "not be tainted by any political decisions".
Immediate impact: The announcement elicited shock from both parties, with influential Senator John McCain calling Mr Bannon's appointment "a radical departure from any National Security Council in history".
Despite outrage from Democrats - President Obama's last National Security Adviser Susan Rice called it "stone cold crazy" - Mr Trump is unlikely to reverse the decision, as Mr Bannon has been one of his most trusted advisers since the early days of his campaign.
Steve Bannon: Who is Trump's key adviser?
Business regulations
An attempt to cut down on the burden of small businesses.Described as a "two-out, one-in" approach, the order asked government departments that request a new regulation to specify two other regulations they will drop.
The Office of Management and Budget (OMB) will manage the regulations and is expected to be led by the Republican Mick Mulvaney.
Some categories of regulation will be exempt from the "two-out, one-in" clause - such as those dealing with the military and national security and "any other category of regulations exempted by the Director".
Immediate impact: Wait and see.
Trump moves to cut business regulation
Travel ban (first version)
Probably his most controversial action, so far, taken to keep the country safe from terrorists, the president said.
It included:
- suspension of refugee programme for 120 days, and cap on 2017 numbers
- indefinite ban on Syrian refugees
- ban on anyone arriving from seven Muslim-majority countries, with certain exceptions
- cap of 50,000 refugees
Immediate impact: Enacted pretty much straight away. But there are battles ahead. Federal judges brought a halt to deportations, and legal rulings appear to have put an end to the travel ban - much to the president's displeasure.
Trump border policy: Who's affected?
Border security
On Mr Trump's first day as a presidential candidate in June 2015, he made securing the border with Mexico a priority.He pledged repeatedly at rallies to "build the wall" along the southern border, saying it would be "big, beautiful, and powerful".
Now he has signed a pair of executive orders designed to fulfil that campaign promise.
One order declares that the US will create "a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier".
The second order pledges to hire 10,000 more immigration officers, and to revoke federal grant money from so-called "sanctuary cities" which refuse to deport undocumented immigrants.
It remains to be seen how Mr Trump will pay for the wall, although he has repeatedly insisted that it will be fully paid for by the Mexican government, despite their leaders saying otherwise.
Steps before building can start
Immediate impact: The Department of Homeland Security has a "small" amount of money available (about $100m) to use immediately, but that won't get them very far. Construction of the wall will cost billions of dollars - money that Congress will need to approve. Senator Majority Leader Mitch McConnell has said the Republican-led Congress will need to come up with $12-$15bn more, and the funding fight - and any construction - will come up against issues with harsh terrain, private land owners and opposition from both Democrats and some Republicans.
The department will also need additional funds from Congress to hire more immigration officers, but the order will direct the head of the agency to start changing deportation priorities. Cities targeted by the threat to remove federal grants will likely build legal challenges, but without a court injunction, the money can be removed.
How exactly will Trump 'build the wall'?
Two orders, two pipelines
On his second full working day, the president signed two orders to advance construction of two controversial pipelines - the Keystone XL and Dakota Access.Mr Trump told reporters the terms of both deals would be renegotiated, and using American steel was a requirement.
Keystone, a 1,179-mile (1,897km) pipeline running from Canada to US refineries in the Gulf Coast, was halted by President Barack Obama in 2015 due to concerns over the message it would send about climate change.
The second pipeline was halted last year as the Army looked at other routes, amid huge protests by the Standing Rock Sioux Tribe at a North Dakota site.
Steps before it can happen
Immediate impact: TransCanada, the Keystone XL builder, has resubmitted their permit proposal, but the project will likely attract legal battles on the state level. The Army Corps of Engineers will continue its review of the Dakota Access pipeline route, but the executive order could speed up the process - and set the stage for a final route approval by a political appointee.
Keystone XL pipeline: Why is it so disputed?
Dakota Pipeline: What's behind the controversy?
Instructing federal agencies to weaken Obamacare
In one of his first actions as president, Mr Trump issued a multi-paragraph directive to the Department of Health and Human Services and other federal agencies involved in managing the nation's healthcare system.The order states that agencies must "waive, defer, grant exemptions from, or delay" any portions of the Affordable Care Act that creates financial burden on states, individuals or healthcare providers.
Although the order technically does not authorise any powers the executive agencies do not already have, it's viewed as a clear signal that the Trump administration will be rolling back Obama-era healthcare regulations wherever possible.
Steps before it can happen
Immediate impact: Not much, unless it's interpreted very broadly by the new Health Secretary and individual states. But it's probably more likely to influence how Congress proceeds with its repeal efforts.
Can Obamacare be repealed?
Re-instating a ban on international abortion counselling
What's called the Mexico City policy, first implemented in 1984 under Republican President Ronald Reagan, prevents foreign non-governmental organisations that receive any US cash from "providing counselling or referrals for abortion or advocating for access to abortion services in their country", even if they do so with other funding.The ban, derided as a "global gag rule" by its critics, has been the subject of a political tug-of-war ever since its inception, with every Democratic president rescinding the measure, and every Republican bringing it back.
Anti-abortion activists expected Mr Trump to act quickly on this - and he didn't disappoint them.
Immediate impact: The policy will come into force as soon as the Secretaries of State and Heath write an implementation plan and apply to both renewals and new grants. It will be much broader than the last time the rule was in place - the Guttmacher Institute, Kaiser Family Foundation and Population Action International believe the order, as written, will apply to all global health funding by the US, instead of only reproductive health or family planning.
Trump's order on abortion policy: What does it mean?
Freezing federal government hiring
On Mr Trump's first full workday in the White House he issued a directive to federal agencies to halt any new government hiring.He told reporters who had gathered for the signing that the freeze would not affect military spending.
The directive is part of Mr Trump's effort to reduce government debts and decrease the size of the federal workforce.
During his campaign, he frequently railed against government bureaucracy, and vowed to "drain the swamp" of corrupt governance.
Immediate impact: A hiring freeze is immediate, and is expected to last 90 days. The order allows exceptions under broad categories, including military, public safety, as well as case by case exceptions by the Office of Management and Budget.
Has the federal workforce really 'dramatically increased'?
Withdrawing from the Trans-Pacific Partnership
The Trans-Pacific Partnership, once viewed as the crown jewel of Barack Obama's international trade policy, was a regular punching bag for Mr Trump on the campaign trail (although he at times seemed uncertain about what nations were actually involved).The deal was never approved by Congress so it had yet to go into effect in the US.
Therefore the formal "withdrawal" is more akin to a decision on the part of the US to end ongoing international negotiations and let the deal wither and die.
Immediate impact: Takes effect immediately. In the meantime, some experts are worried China will seek to replace itself in the deal or add TPP nations to its own free trade negotiations, the Regional Comprehensive Economic Partnership (RCEP), excluding the US.
No comments:
Write comments