Trump’s Executive Orders Are Good—But They Need to Be Permanent

Neil Mammen, Executive VP, Every Black Life Matters

Trump’s Executive Orders – it doesn’t mean America is safe –

How do we keep America America?

Every conservative remembers how quickly President Biden dismantled President Trump’s first-term achievements with his own executive orders. So what can we do about the next “bad” president? Just pray?

Executive Orders Fixed Things Didn’t they?

President Trump’s recent executive orders address critical issues like securing our borders, protecting free speech, and ensuring energy independence. These actions reflect strong leadership and a clear commitment to putting America first. However, executive orders are NOT permanent. President Biden dismantled President Trump’s first-term achievements right away. Immigration policies, energy production, and other America First initiatives were reversed within days of his inauguration, policies that hurt Americans, killed Americans and destroyed our economy. The same fate could befall Trump’s new policies, as they can be overturned by the next president with ease.

How do we stop this? Are we doomed to the whims of whomever the media tries to pick as our next president?

We Are a Republic

These United States are a Republic, (yes that is in the plural), meaning the federal government operates under the rule of law, guided by the people’s elected representatives and we are a federation of (supposedly) independent states.

The President is not a king. Our system of government rejects the idea of “Rex Lex” (the King is the Law). We fought a war to stop that.

The Founding Fathers designed our system to ensure that all laws were only made by the House of Representatives because they are the only branch whose members must answer to voters every two years. Originally, senators were appointed just by state legislatures and represented their states. They were only supposed to veto bad laws, while the House of Representatives crafted the laws that directly reflected the people’s voice. This system balanced power, ensuring that laws crafted by the people’s representatives were reviewed by the States’ representatives, and then executed by the President.

What Are Executive Orders Anyway, and How Are They Different From Laws?

Executive orders are a tool for the president to direct ONLY how government agencies that report to him operate. That is, they are orders to his employees. These orders affect how laws are enforced, but they cannot create new laws. Remember the president can make no executive order about you as an individual. However, since government agencies interact with the public and execute the laws, the president’s directives can significantly influence how policies are implemented, particularly in areas where legislation is vague. So while they are not about you, they will affect you in some way, form, or fashion. This is actually a weakness in the system. I will propose a solution to this at the end of this article.

Why Laws Are Stronger Than Executive Orders

While executive orders can provide quick solutions, they are inherently fragile. They only last as long as the president who signed them remains in office—or until a new president decides to reverse them. This temporary nature highlights the urgent need for Congress to pass legislation that turns these policies into durable laws.

As we’ve seen, executive orders are easily reversed. A future president could undo President Trump’s orders with a simple signature, just as President Biden did when he dismantled many of Trump’s first-term achievements.

Laws, on the other hand, have staying power. For Congress to repeal a law, both the House and Senate must vote for the repeal, and even then, a presidential veto can block it unless overridden by a two-thirds majority in both chambers. This process makes laws far more stable and enduring than executive orders.

So What Must Happen Now

President Trump’s executive orders represent bold and necessary steps, but they must be followed by legislative action. The president should work with Congress to pass laws that solidify these policies, protecting them from the political pendulum swings of future administrations. However, these laws must be precise and enforceable. For instance, as an immigrant myself, I recommend strict immigration limits and precise numbers that Congress sets by listening to the people, not the whims of any one president. One doesn’t walk into a private home and dictate who can live there. The owners of the residence dictate that.

It is clear that we need a way to hold the Executive Branch’s enforcement of these laws to a strict standard. Additionally, they should include significant penalties for government departments, such as reductions in staffing and budget, if the laws are not executed properly. Ideally government employees would suffer if they violate the laws and be rewarded when they report bad management actions. So much so, that the rank and file will rebel against management who in turn are punished with demotions. But that’s a bigger battle. See my upcoming article on “automatic feedback safely loops.” With these measures, we can ensure that these changes endure long after President Trump’s time in office.

Can Congress Override Executive Orders?

Yes, Congress has the power to override executive orders through legislation. If Congress passes a law that conflicts with an executive order, the law takes precedence. However, as wel all know, passing any law requires significant political effort, including majority votes in both the House and Senate, and potentially overriding a presidential veto. This is why it’s essential to act now, while the political momentum is strong and we have all three branches, to push through legislation that aligns with these policies.

A long term fix

Furthermore, Congress must write laws to limit the power of future presidents. As I noted in my book 15 years ago, remember, any power a good president has to do good things is power that a bad president has to do bad things. And it’s a lot easier to cheat and get one bad person elected than it is to cheat and get over 268 people elected.

Either way, this isn’t just about politics—it’s about protecting the future of our Republic. The Founding Fathers gave us a system designed to balance power and preserve freedom. Let’s use it wisely. Congress, the time to act is now.

Addendum: So how could we modify the system to prevent Presidential Executive Order abuse?

While every idea will have unintended consequences, it’s time for us to start debating how to implement safeguards on Executive Orders. Ideally every Executive Order would need to go through the House first and be voted on within two weeks, that is indeed well within the spirit of a Representative Government. Congress asks the government to do something and then Congress confirms that the way the president is doing that, is what they actually want. But that may be impractical and we’d have to review if there was a way to “game” the system. So as an alternative we could consider establishing a fast-track judicial review process for executive orders, allowing the Supreme Court to determine their constitutionality and adherence to legislative intent within two weeks of issuance. If no decision is issued within two weeks then the Executive Order stands. Either way, it’s time to have that national conversation.

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