executive order

An executive order is a directive issued by the President of the United States or a state governor that has the force of law. Executive orders are typically based on existing statutory or constitutional authority. They do not require legislative approval to take effect, and legislatures generally cannot overturn them directly. However, they remain subject to judicial review and may be invalidated if found unconstitutional or beyond the scope of statutory authority.

For example, in 1990, President George H. W. Bush issued Executive Order 12724, which prohibited transactions with Iraq and transferred Iraqi government property in the United States to the U.S. government. The order was issued pursuant to the International Emergency Economic Powers Act and the National Emergencies Act.

Presidential executive orders are published in the Federal Register and are publicly accessible. As of 2025, current and past executive orders, memoranda, proclamations, and related presidential actions can be found on official government websites, including whitehouse.gov and federalregister.gov, as well as on the Legal Information Institute [LII] website. 

Illustrative cases:

City and County of San Francisco v. Trump, 897 F.3d 1225 (9th Cir. 2018)

New York Citizens Utility Board, Inc. v. Pataki, 231 A.D.2d 185, 659 N.Y.S.2d 933 (N.Y. App. Div. 1997)

[Last reviewed in July of 2025 by the Wex Definitions Team

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