1 00:00:02,560 --> 00:00:07,040 Speaker 1: Bloomberg Audio Studios, Podcasts, radio News. 2 00:00:09,240 --> 00:00:11,920 Speaker 2: I'm Stephen Carol, and this is Here's Why, where we 3 00:00:11,960 --> 00:00:14,320 Speaker 2: take one news story and explain it in just a 4 00:00:14,320 --> 00:00:22,240 Speaker 2: few minutes with our experts here at Bloomberg. Donald Trump 5 00:00:22,280 --> 00:00:24,320 Speaker 2: started his presidency with a bang. 6 00:00:24,560 --> 00:00:28,480 Speaker 3: Today I will shine a series of historic executive orders. 7 00:00:29,280 --> 00:00:32,920 Speaker 3: With these actions, we will begin the complete restoration of 8 00:00:32,960 --> 00:00:36,800 Speaker 3: America and the revolution of common sense. 9 00:00:37,560 --> 00:00:40,680 Speaker 4: The next item here is the withdrawal from the Paris 10 00:00:40,720 --> 00:00:49,040 Speaker 4: Climate Treaty. What is to confident that those are not 11 00:00:49,080 --> 00:00:50,400 Speaker 4: going to be blocked by the courts? 12 00:00:51,280 --> 00:00:52,240 Speaker 1: I don't think they will. 13 00:00:52,360 --> 00:00:53,440 Speaker 3: I don't think they can be. 14 00:00:53,680 --> 00:00:56,680 Speaker 2: He signed dozens of executive orders, some in front of 15 00:00:56,720 --> 00:00:59,560 Speaker 2: a crowd of thousands at the Capitol wondering in Washington, 16 00:01:00,000 --> 00:01:02,560 Speaker 2: and others with reporters watching on in the Oval Office. 17 00:01:02,920 --> 00:01:06,440 Speaker 2: They covered everything from energy to immigration to withdrawing the 18 00:01:06,560 --> 00:01:10,640 Speaker 2: United States from the World Health Organization. But here's why 19 00:01:10,680 --> 00:01:17,520 Speaker 2: Trump's executive orders have limits. Our white housed reporter Hedrianna 20 00:01:17,600 --> 00:01:20,800 Speaker 2: Lowencron joins me. Now for more. Hedriana, First of all, 21 00:01:21,120 --> 00:01:23,679 Speaker 2: what can executive orders be used for? 22 00:01:24,200 --> 00:01:29,360 Speaker 4: Well, essentially, executive orders are really legally binding mandates, and 23 00:01:29,560 --> 00:01:34,800 Speaker 4: essentially they direct the agencies on how to implement existing 24 00:01:35,080 --> 00:01:37,399 Speaker 4: federal law. So this is an important distinction. 25 00:01:37,880 --> 00:01:41,319 Speaker 1: An executive order only is legal, and of course it 26 00:01:41,319 --> 00:01:43,480 Speaker 1: can be challenged and we'll get into that later if 27 00:01:43,520 --> 00:01:47,080 Speaker 1: it's consistent with the law that Congress has passed. 28 00:01:47,400 --> 00:01:50,160 Speaker 2: Okay, So my logical next question then is what can't 29 00:01:50,400 --> 00:01:52,120 Speaker 2: executive orders be used for. 30 00:01:52,640 --> 00:01:56,360 Speaker 1: They can't be used to essentially give the executive branch 31 00:01:56,480 --> 00:02:00,320 Speaker 1: additional power. So this is not their opportunity to try 32 00:02:00,320 --> 00:02:02,760 Speaker 1: to pass a new law and kind of skirt the 33 00:02:02,840 --> 00:02:06,240 Speaker 1: current system of checks and balances that we have, which 34 00:02:06,320 --> 00:02:09,600 Speaker 1: is that Congress has the authority to pass the laws. 35 00:02:09,800 --> 00:02:13,400 Speaker 1: So this is for them to really interpret the law 36 00:02:13,440 --> 00:02:16,880 Speaker 1: that has already been given and carry out that to 37 00:02:17,080 --> 00:02:21,200 Speaker 1: the agencies. And again, they can really be sued and 38 00:02:21,240 --> 00:02:25,040 Speaker 1: declared illegal by courts if someone affected by that order 39 00:02:25,160 --> 00:02:28,520 Speaker 1: challenges it and the court says it is inconsistent with 40 00:02:28,639 --> 00:02:30,400 Speaker 1: a congressional statute. 41 00:02:30,480 --> 00:02:34,400 Speaker 2: So let's get into some of those potential challenges then, 42 00:02:34,520 --> 00:02:36,760 Speaker 2: or maybe checks and balances we could describe them on 43 00:02:36,840 --> 00:02:42,399 Speaker 2: executive orders. How can these orders be challenged if there. 44 00:02:42,240 --> 00:02:46,480 Speaker 1: Is an individual or a party who is directly affected 45 00:02:47,000 --> 00:02:51,760 Speaker 1: by an order, for example, one of President Trump's executive 46 00:02:51,840 --> 00:02:56,080 Speaker 1: orders is an attempt to end birthright citizenship. So in 47 00:02:56,120 --> 00:02:59,600 Speaker 1: the immigrant community, they have the ability to file a 48 00:02:59,720 --> 00:03:04,120 Speaker 1: law suit and this instance, one immigration group already has 49 00:03:04,360 --> 00:03:08,160 Speaker 1: filed a lawsuit on Monday evening challenging new order, and 50 00:03:08,200 --> 00:03:10,920 Speaker 1: the courts can take it up if they agree that 51 00:03:11,000 --> 00:03:17,720 Speaker 1: there is legal ground and essentially can decide that the 52 00:03:18,080 --> 00:03:21,799 Speaker 1: order is inconsistent with the current law and in place 53 00:03:21,919 --> 00:03:23,680 Speaker 1: or what the constitution says. 54 00:03:24,160 --> 00:03:26,920 Speaker 2: What about Congress? Does it have a role in checking 55 00:03:27,000 --> 00:03:28,680 Speaker 2: these sort of executive orders? 56 00:03:29,320 --> 00:03:35,480 Speaker 1: So Congress can't overrule whatever the executive order is, but 57 00:03:35,720 --> 00:03:40,920 Speaker 1: it can undermine the executive branch by then later on 58 00:03:41,200 --> 00:03:45,960 Speaker 1: passing their own legislation that makes the execution of the 59 00:03:46,160 --> 00:03:49,640 Speaker 1: order difficult or even impossible. So if there's a new 60 00:03:49,680 --> 00:03:54,360 Speaker 1: program or an office that the president creates, they could 61 00:03:54,400 --> 00:03:57,400 Speaker 1: pass a law that would deny funding or do something 62 00:03:57,440 --> 00:04:00,480 Speaker 1: along those lines, kind of after the act. 63 00:04:00,840 --> 00:04:03,680 Speaker 2: We've talked about this long list of executive orders that 64 00:04:03,720 --> 00:04:06,360 Speaker 2: Donald Trump signed on his first day. Is it normal 65 00:04:06,400 --> 00:04:08,880 Speaker 2: for a president to do something like that, signs so 66 00:04:08,960 --> 00:04:11,400 Speaker 2: many executive orders in just the first day. 67 00:04:12,080 --> 00:04:17,159 Speaker 1: Absolutely, there really has been a tendency for presidents to 68 00:04:17,400 --> 00:04:22,440 Speaker 1: issue this story that we're seeing, and particularly when a 69 00:04:22,520 --> 00:04:25,799 Speaker 1: president comes into office and it's part of a different 70 00:04:25,960 --> 00:04:31,159 Speaker 1: party than the previous holder of office, which we're seeing here, 71 00:04:31,640 --> 00:04:35,440 Speaker 1: and that's because a number of the day one actions 72 00:04:36,040 --> 00:04:40,719 Speaker 1: is actually reversing the actions that their predecessors had ordered. 73 00:04:40,960 --> 00:04:44,800 Speaker 1: This is something that goes back and forth depending on 74 00:04:45,000 --> 00:04:49,120 Speaker 1: who is in the executive office, and as such has 75 00:04:49,160 --> 00:04:54,400 Speaker 1: garnered some criticism for being too easily revoked and the 76 00:04:54,520 --> 00:04:57,320 Speaker 1: temporary way to pass an agenda. 77 00:04:57,560 --> 00:05:00,520 Speaker 2: Well, let's talk a bit more about those criticisms. This 78 00:05:00,680 --> 00:05:05,360 Speaker 2: isn't necessarily a universally liked instrument of governing. 79 00:05:05,279 --> 00:05:10,120 Speaker 1: Right, and sometimes there's a tendency for presidents to focus 80 00:05:10,240 --> 00:05:14,599 Speaker 1: on executive action if their party doesn't have a majority 81 00:05:14,640 --> 00:05:18,520 Speaker 1: in Congress and they are unable to get legislation passed 82 00:05:18,920 --> 00:05:23,000 Speaker 1: through that system. So there has been some criticism for 83 00:05:23,320 --> 00:05:27,560 Speaker 1: this idea that this is the way to get the 84 00:05:27,640 --> 00:05:31,680 Speaker 1: agenda passed, skirting the traditional checks and balances of the 85 00:05:31,760 --> 00:05:35,000 Speaker 1: US system in which Congress is supposed to be the 86 00:05:35,040 --> 00:05:38,640 Speaker 1: branch responsible for making the laws. So the criticism comes 87 00:05:38,680 --> 00:05:41,960 Speaker 1: from it being temporary at flipping back and forth, and 88 00:05:42,040 --> 00:05:46,360 Speaker 1: also this idea that kind of skirts the checks and balances. 89 00:05:46,480 --> 00:05:50,000 Speaker 1: But again, the importance here in terms of whether the 90 00:05:50,000 --> 00:05:54,800 Speaker 1: executive orders can be properly done and legally work is 91 00:05:54,880 --> 00:05:58,760 Speaker 1: they have to be the interpretation of current law. It 92 00:05:58,800 --> 00:06:01,400 Speaker 1: can't be a new power, or it can't be something 93 00:06:01,440 --> 00:06:05,880 Speaker 1: that is not already existing as a congressional statue. 94 00:06:05,920 --> 00:06:09,000 Speaker 2: Okay, Hedrianna looncron Our, White House Reporter, Thank you very 95 00:06:09,080 --> 00:06:12,200 Speaker 2: much for joining us for more explanations like this from 96 00:06:12,200 --> 00:06:15,080 Speaker 2: our team of twenty nine hundred journalists and analysts around 97 00:06:15,120 --> 00:06:17,520 Speaker 2: the world. Search for Quick Take on the Bloomberg website 98 00:06:17,600 --> 00:06:22,400 Speaker 2: or Bloomberg Business app. I'm Stephen Caroll. This is Here's why. 99 00:06:22,600 --> 00:06:25,080 Speaker 2: I'll be back next week with more. Thanks for listening.