Orders, memorandums and proclamations: What's the difference, and what to know

Donald Trump‘s presidency began just as he promised.

Just hours after being sworn into office for the second time, the 47th commander in chief issued a flurry of executive orders on topics ranging from a crackdown on immigration to the United States’ withdrawal from the World Health Organization and a temporary revival of TikTok.

Trump also used his executive power to rescind 78 executive orders signed by Joe Biden over the last four years.

But not all of his first-day actions held the same power as an executive order. According to the White House website, Trump issued 51 executive orders, 12 memorandums and four proclamations on his first day back in the Oval Office.

Here’s what to know about executive orders, memorandums and proclamations and what powers they hold.

What is an executive order?

An executive order is a signed and published document that commands the federal government to change an existing practice or implement a new one, as defined by the American Bar Association.

Many executive orders lay out major policy changes or dictate when federal employees get a day off from work.

In signing an executive order, presidents must provide the legal or constitutional justification for the order, according to the Library of Congress.

How much power do executive orders have?

Presidents cannot issue an executive order that violates existing law. Each executive order must have constitutional or other legal backing.

Though they seem to hold a significant amount of power, executive orders are not pieces of legislation; they are not passed by Congress, nor can they be overturned by Congress. As a result, executive orders are often used by presidents to enact a policy they think might get stuck in Congress.

However, Congress can pass separate legislation that restricts the government’s ability to carry out the order — or makes it impossible altogether — by removing funding or creating other obstacles, the ABA notes.

How common are executive orders?

Executive orders are one of the most common documents a president can issue. Each president has signed at least one, according to the American Presidency Project, with each president since Chester Arthur signing over 100.

In his first presidency, Trump signed 220 executive orders. Biden signed 162.

What is a memorandum?

A presidential memorandum is similar to an executive order in that it directs some function of the federal government, though it’s a much less formal document.

Typically, memoranda manage the federal government’s administrative matters or carry out routine executive directives that are deemed less urgent or less important to the public, according to Ballotpedia.

Another important distinction is that memoranda are not required to be published in the Federal Register, as executive orders are. Additionally, presidents are not required to provide the legal authority behind the memorandum.

What is a presidential proclamation?

According to Georgetown Law, presidential proclamations are simply announcements. They are often used to declare new policies or advertise a ceremonial event, like National African American History Month and other holidays.

Some more substantive proclamations can deal with issues like tariffs or trade agreements.

How much power does a proclamation have?

Presidential proclamations are not laws, nor do they hold the same binding power.

In today’s government, most are simply ceremonial, though they have held more political weight in the past, according to the Library of Congress.

What is an executive action?

An executive action is an all-encompassing term for the different kinds of announcements a president can make, including orders, proclamation, memoranda, letters and more.

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Source: www.nbcphiladelphia.com…