WEBVTT - Here's Why Trump's Executive Orders Have Limits

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<v Speaker 1>Bloomberg Audio Studios, Podcasts, radio News.

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<v Speaker 2>I'm Stephen Carol, and this is Here's Why, where we

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<v Speaker 2>take one news story and explain it in just a

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<v Speaker 2>few minutes with our experts here at Bloomberg. Donald Trump

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<v Speaker 2>started his presidency with a bang.

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<v Speaker 3>Today I will shine a series of historic executive orders.

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<v Speaker 3>With these actions, we will begin the complete restoration of

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<v Speaker 3>America and the revolution of common sense.

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<v Speaker 4>The next item here is the withdrawal from the Paris

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<v Speaker 4>Climate Treaty. What is to confident that those are not

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<v Speaker 4>going to be blocked by the courts?

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<v Speaker 1>I don't think they will.

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<v Speaker 3>I don't think they can be.

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<v Speaker 2>He signed dozens of executive orders, some in front of

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<v Speaker 2>a crowd of thousands at the Capitol wondering in Washington,

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<v Speaker 2>and others with reporters watching on in the Oval Office.

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<v Speaker 2>They covered everything from energy to immigration to withdrawing the

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<v Speaker 2>United States from the World Health Organization. But here's why

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<v Speaker 2>Trump's executive orders have limits. Our white housed reporter Hedrianna

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<v Speaker 2>Lowencron joins me. Now for more. Hedriana, First of all,

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<v Speaker 2>what can executive orders be used for?

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<v Speaker 4>Well, essentially, executive orders are really legally binding mandates, and

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<v Speaker 4>essentially they direct the agencies on how to implement existing

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<v Speaker 4>federal law. So this is an important distinction.

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<v Speaker 1>An executive order only is legal, and of course it

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<v Speaker 1>can be challenged and we'll get into that later if

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<v Speaker 1>it's consistent with the law that Congress has passed.

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<v Speaker 2>Okay, So my logical next question then is what can't

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<v Speaker 2>executive orders be used for.

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<v Speaker 1>They can't be used to essentially give the executive branch

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<v Speaker 1>additional power. So this is not their opportunity to try

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<v Speaker 1>to pass a new law and kind of skirt the

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<v Speaker 1>current system of checks and balances that we have, which

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<v Speaker 1>is that Congress has the authority to pass the laws.

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<v Speaker 1>So this is for them to really interpret the law

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<v Speaker 1>that has already been given and carry out that to

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<v Speaker 1>the agencies. And again, they can really be sued and

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<v Speaker 1>declared illegal by courts if someone affected by that order

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<v Speaker 1>challenges it and the court says it is inconsistent with

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<v Speaker 1>a congressional statute.

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<v Speaker 2>So let's get into some of those potential challenges then,

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<v Speaker 2>or maybe checks and balances we could describe them on

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<v Speaker 2>executive orders. How can these orders be challenged if there.

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<v Speaker 1>Is an individual or a party who is directly affected

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<v Speaker 1>by an order, for example, one of President Trump's executive

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<v Speaker 1>orders is an attempt to end birthright citizenship. So in

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<v Speaker 1>the immigrant community, they have the ability to file a

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<v Speaker 1>law suit and this instance, one immigration group already has

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<v Speaker 1>filed a lawsuit on Monday evening challenging new order, and

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<v Speaker 1>the courts can take it up if they agree that

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<v Speaker 1>there is legal ground and essentially can decide that the

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<v Speaker 1>order is inconsistent with the current law and in place

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<v Speaker 1>or what the constitution says.

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<v Speaker 2>What about Congress? Does it have a role in checking

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<v Speaker 2>these sort of executive orders?

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<v Speaker 1>So Congress can't overrule whatever the executive order is, but

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<v Speaker 1>it can undermine the executive branch by then later on

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<v Speaker 1>passing their own legislation that makes the execution of the

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<v Speaker 1>order difficult or even impossible. So if there's a new

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<v Speaker 1>program or an office that the president creates, they could

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<v Speaker 1>pass a law that would deny funding or do something

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<v Speaker 1>along those lines, kind of after the act.

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<v Speaker 2>We've talked about this long list of executive orders that

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<v Speaker 2>Donald Trump signed on his first day. Is it normal

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<v Speaker 2>for a president to do something like that, signs so

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<v Speaker 2>many executive orders in just the first day.

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<v Speaker 1>Absolutely, there really has been a tendency for presidents to

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<v Speaker 1>issue this story that we're seeing, and particularly when a

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<v Speaker 1>president comes into office and it's part of a different

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<v Speaker 1>party than the previous holder of office, which we're seeing here,

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<v Speaker 1>and that's because a number of the day one actions

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<v Speaker 1>is actually reversing the actions that their predecessors had ordered.

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<v Speaker 1>This is something that goes back and forth depending on

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<v Speaker 1>who is in the executive office, and as such has

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<v Speaker 1>garnered some criticism for being too easily revoked and the

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<v Speaker 1>temporary way to pass an agenda.

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<v Speaker 2>Well, let's talk a bit more about those criticisms. This

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<v Speaker 2>isn't necessarily a universally liked instrument of governing.

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<v Speaker 1>Right, and sometimes there's a tendency for presidents to focus

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<v Speaker 1>on executive action if their party doesn't have a majority

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<v Speaker 1>in Congress and they are unable to get legislation passed

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<v Speaker 1>through that system. So there has been some criticism for

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<v Speaker 1>this idea that this is the way to get the

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<v Speaker 1>agenda passed, skirting the traditional checks and balances of the

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<v Speaker 1>US system in which Congress is supposed to be the

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<v Speaker 1>branch responsible for making the laws. So the criticism comes

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<v Speaker 1>from it being temporary at flipping back and forth, and

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<v Speaker 1>also this idea that kind of skirts the checks and balances.

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<v Speaker 1>But again, the importance here in terms of whether the

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<v Speaker 1>executive orders can be properly done and legally work is

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<v Speaker 1>they have to be the interpretation of current law. It

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<v Speaker 1>can't be a new power, or it can't be something

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<v Speaker 1>that is not already existing as a congressional statue.

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<v Speaker 2>Okay, Hedrianna looncron Our, White House Reporter, Thank you very

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<v Speaker 2>much for joining us for more explanations like this from

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<v Speaker 2>our team of twenty nine hundred journalists and analysts around

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<v Speaker 2>the world. Search for Quick Take on the Bloomberg website

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<v Speaker 2>or Bloomberg Business app. I'm Stephen Caroll. This is Here's why.

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<v Speaker 2>I'll be back next week with more. Thanks for listening.