The executive order is perhaps the president’s most powerful tool of the office. They come in several forms such as proclamations or directives, and are used both legislatively and to direct administrative authority over the departments underneath the office of the executive. If used properly, executive orders allow the president to execute the laws passed by congress, conduct military affairs in wartime, and administer agencies reporting to the president.

If used questionably, executive orders have been used to start illegal wars, imprison American citizens without habeas corpus or being accused of a crime, and to seize private property without purpose of law. Due to the increasing number and scope of executive orders over the last two hundred years, the American citizen should consider how this presidential tool has been used and determine if the necessary controls against abuse exists or do not exist and whether or not should be modified by amendment or by constitutional convention.

A quick analysis and history of this power will reveal many items of concern to the American citizen. The first real weakness regarding this part of our government is the lack of prevention regarding a general abuse of the power. There is no general power that allows any other body to review an executive order for legality prior to its issuance. Thus, the president can issue executive orders such as policy additions or enhancements that may not be legal. The forty third president has issued orders regarding wiretapping of US citizens and the use of torture against prisoner of the US government which is expressly against international law which the US has adopted. The inherent danger of lack of prevention is obvious. General abuses can and will occur and may or may not be later corrected or could take years to correct.

Historically, the Supreme Court has only over-ruled very few executive orders. And as it has been stated prior, the Supreme Court’s ability to reverse an executive order or action of the congress or president is a corrective action, not a preventive action. Thus, it is only applicable if a court action is taken up and the court under its own supervision decides to hear a case related to the action. And as history shows us, the Supreme Court has not always made the correct determination under the constitution. The best example of this is the executive order that led US citizens of Japanese descent to be imprisoned and their property confiscated without showing a direct threat to the United States during a time of war. Therefore, if the American citizen cannot rely on a corrective measure for security of liberty, then it become even more necessary to have a preventive measure to ensure only legal and valid orders is given.

An inherent danger exists when power is concentrated and unchecked or checked vary rarely as is the case with the office of the president and executive orders. In any control environment, the greater the risk and concentration of risk, the greater the need for effective controls becomes the requirement. Over the last two hundred years, the executive branches use of the executive order has grown into the thousands per administration. Thus, the risk of misuse of executive orders is increased. The American citizen should honestly consider adding additional controls in a preventative nature to secure this power from future abuses.

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