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The Constitution called, it wants its crown back
Why Trump's executive orders look more like anti-constitutional royal decrees, and several ways you can help stop them!
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"The president is not a king, and executive orders are not royal decrees," warns Trevor Potter, former chairman of the Federal Election Commission and president of our strategic partner Campaign Legal Center.
In his recent Newsweek op-ed, Potter emphasizes that executive orders must respect the Constitution and established law — something President Trump seems increasingly willing to ignore.
Seeing as President Trump is justifying much of his controversial actions through his own executive orders, we thought it was a good opportunity for an “explainer.”
Executive Orders 101
An executive order (EO) is a directive from the President to federal agencies about how to enforce laws or manage government operations. They're powerful — carrying the force of law — BUT limited, since an EO must must be rooted in the Constitution or a law passed by Congress. It cannot create new laws, allocate funds without Congress, or violate constitutional rights.
Historical Limits — and Oversteps
Presidential overreach isn't new. In 1952, President Truman seized steel mills during the Korean War without congressional approval. The Supreme Court intervened decisively, highlighting the constitutional boundaries presidents must respect.
Even popular presidents have faced judicial checks. President Obama tried shielding millions of undocumented immigrants from deportation through executive action after Congress didn't act. Courts blocked it, emphasizing again that presidents can't legislate by decree.
Trump's Unprecedented Approach
Trump's current term has seen executive orders at an astonishing rate and scope. On his first day back in office, Trump signed over 20 executive orders — shattering previous records. Within about two months, he'd issued more than 100 executive orders, tripling the pace of his predecessors.
These aren't mere administrative tweaks. Trump's orders include drastic changes like attempting to end birthright citizenship — an explicit right under the 14th Amendment. Another controversial move reinstated "Schedule F," making thousands of federal civil servants easier to fire, raising alarms about partisan purges within government agencies.
Potter highlights these as clear examples of presidential overreach: "Many of these orders claim powers specifically granted to Congress, effectively rewriting laws instead of enforcing them."
Judicial Resistance and the Risk to Democracy
Courts have already intervened frequently against Trump's aggressive EOs, blocking measures on birthright citizenship, foreign aid restrictions, and civil service rules. Legal experts note this volume of early judicial pushback is unprecedented.
"The sheer number of judicial reversals is exceptional," says Potter, reflecting a fundamental threat to democratic checks and balances. "These executive orders don't just interpret law — they attempt to replace it, undermining Congress’s constitutional role."
The Stakes for Our Democracy
Trump's rapid-fire, expansive use of executive orders isn’t just a political tactic — it's a deliberate test of democratic norms. If a president can effectively rule through unchecked decrees, America’s foundational principles of balanced power and accountability are at risk.
Potter urges vigilance: "The president's power grab must be met by an equally strong defense of the Constitution from Congress, the courts, and informed citizens."
We must protect our Republic — Let’s Act!
When presidents use EOs to aggressively remake the law and seize constitutional powers from other branches of government, they are “executive orders” in name only. In reality, they’re more like royal decrees — and America is NOT an absolute monarchy.
1) Fund the Legal Fight❗️ Help us fuel lawsuits like the one Bright America is supporting through our strategic partner Campaign Legal Center. These cases are our constitutional firewall.
2) Call Congress❗️Tell your Representative and Senators: “Do your duty, and stand up to anti-constitutional executive orders.” Calls, emails, and letters matter. They really do. Especially when thousands of us raise our voices together.
3) Sign the Petition❗️Use your social media, write a letter to your local paper, talk to your neighbors. Our democracy is worth defending out loud.
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4) Join the conversation: What’s giving you hope right now? What moment woke you up?
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