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Politics

Can Biden’s sweeping executive order be overturned?

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Headshot of <span class="author-name text-name1">Alex Peebles</span>
Alex Peebles Reporter
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President Joe Biden signed a sweeping executive order on Friday targeting tech, health care and other parts of the economy. What exactly is an executive order and can Congress or the Supreme Court do anything about it?

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PRESIDENT JOE BIDEN’S NEW EXECUTIVE ORDERS TACKLE A SLEW OF HOT BUTTON ISSUES FROM BIG TECH TO PHARMACEUTICALS TO WORKER’S RIGHTS.

SO, WHAT EXACTLY IS AN EXECUTIVE ORDER?

LET’S GET THIS STRAIGHT.

AN EXECUTIVE ORDER IS A POWER GRANTED TO THE PRESIDENT BY THE CONSTITUTION.

IT GIVES THE PRESIDENT THE RIGHT TO ISSUE EXECUTIVE DIRECTIVES.

AND ONCE THE PRESIDENT SIGNS THE ORDER – IT HAS THE SAME POWER AS FEDERAL LAW.

EVERY PRESIDENT SINCE GEORGE WASHINGTON HAS USED EXECUTIVE ORDERS.

BIDEN SIGNED MORE THAN 50 WITHIN HIS FIRST SIX MONTHS IN OFFICE.

PRESIDENT DONALD TRUMP SIGNED 220 OVER HIS FOUR YEARS.

BUT IT’S FDR WHO HOLDS THE RECORD. HE SIGNED 3,728 DURING HIS TIME IN OFFICE.

EXECUTIVE ORDERS ARE NOT LEGISLATION; THEY REQUIRE NO APPROVAL FROM CONGRESS, AND CONGRESS CANNOT SIMPLY OVERTURN THEM.

ONLY A SITTING U.S. PRESIDENT MAY OVERTURN AN EXISTING EXECUTIVE ORDER BY ISSUING ANOTHER EXECUTIVE ORDER TO OVERRIDE IT.

WHILE IT SEEMS LIKE AN EXECUTIVE ORDER IS A DONE DEAL – CONGRESS CAN PUSH BACK BY PASSING LAWS THAT MAKE IT DIFFICULT, OR EVEN IMPOSSIBLE, TO CARRY OUT THE ORDER.

AT THAT POINT, THE PRESIDENT CAN EITHER ACCEPT DEFEAT OR USE HIS ‘VETO’ POWER.

AND THE SUPREME COURT CAN DECLARE AN EXECUTIVE ORDER UNCONSTITUTIONAL.

DID WE GET THAT STRAIGHT?

LET ME KNOW IN THE COMMENTS BELOW.