Checking the Power of the Pen

Executive orders are issued by the White House and are used to direct the executive branch of the government. Essentially, executive orders have the effect of laws and are supposed to be used strictly in relation to a law passed by Congress or based on powers granted to the President in the Constitution. President Franklin D. Roosevelt signed the most executive orders with 3721, followed by Woodrow Wilson with 1,803. These actions have been continued by current Presidents, including President Biden’s recent action to forgive student loan debt.

It is important to note that executive orders are not approved by Congress, and Congress cannot simply overturn them. Over the past century, we have seen the ever-increasing growth of the executive branch. Through executive orders, Presidents are increasingly usurping the power of the legislature. Regardless of the political party, nearly every president has played a role in the deterioration of Article I of the Constitution, which states that all legislative powers belong to Congress. Executive orders are a way for presidents to implement their priorities, without the approval of the legislature. These actions are concerning because it undermines the very foundation of our three coequal branches of government that the Founding Fathers created.

Our nation’s founders purposefully created a system of checks and balances to ensure that no government body could misuse its power. The Framers specifically outlined the legislature’s powers in Article I because they believed the most power should belong to the people. They created Article II to invest power in the executive branch only after they fully developed the critical responsibilities of the legislative body. Recently, the lines between these two Articles of the Constitution have been blurred. Reversing and intermixing this important order diminishes the legislature, which in turn diminishes the thoughts and opinions of the American people of whom each Member of Congress more closely represents than the president.

While many executive orders have been important, such as those desegregating the military, we have seen others that expanded government agencies and even led to the forcible relocation of Japanese Americans in 1942. Most recently, President Biden, through the power of the pen, canceled billions in federal student loan debts. Prior to this, even Speaker Pelosi said that the executive branch does not have the power to do so – only Congress can implement such a policy. This is a prime example of executive overreach because it’s unlikely that this irresponsible action would have ever passed both the House and Senate.

Accountability in government is important and repairing the damage to the separation of powers and the Constitution should not be a partisan issue. Both Democrat and Republican Presidents alike have contributed to the power shift that has gone on for more than a century. We must stay true to our boundaries as the Founding Fathers intended, to uphold our Constitution and the proper functionality of our government system. If left unchecked, the executive branch could further encroach on the liberties of the American people.