Samuel Garrett
In a piece of pure political theatre, Donald Trump began his second presidency by signing a host of executive orders before a rapturous crowd of 20,000 in Washington on Monday.
The orders immediately reversed swathes of Biden administration policy and ostensibly began what Trump christened a “golden age of America” in his inaugural address.
But there are limits to what Trump can achieve through such orders. And they mask a deeper urgency for the new administration over how to deal with potential Republican in-fighting and a restless public anxious for change.
What did Trump order?
Executive orders are typically used by US presidents at the beginning of their terms to immediately begin implementing their agenda.
Key orders signed on Trump’s first day included:
- a federal government hiring freeze and return-to-office mandate for all federal employees
- sweeping pardons for those convicted after the January 6 2021 Capitol riot
- withdrawing the US from the Paris climate agreement and World Health Organization
- declaring a national emergency at the US-Mexico border and ending birthright citizenship.
Here’s a rundown of the rest:
Because they are legally binding, executive orders are a powerful tool. Democratic and Republican presidents alike have been accused of dictatorial intent over their use.
Yet, executive orders remain constrained by the courts, Congress and public opinion. Birthright citizenship, in particular, is protected by the 14th Amendment to the Constitution, so Trump’s order will undoubtedly face legal challenge.
Perhaps most importantly, executive orders can be swept away by a successor. Trump did this in dramatic fashion by revoking 78 Biden-era orders, many of which dealt with federal diversity, equity and inclusion initiatives.
But there is political value in issuing orders to demonstrate action, even if they are ultimately ineffectual, reduced in scope or overturned. That was the case with the legal wrangling over Trump’s travel ban on citizens of Muslim-majority countries in 2017 and Biden’s student loan debt forgiveness plan.
Trump evidently recognised this in the choreography of his executive orders on Monday. For example, the order aiming to “restore freedom of speech and end federal censorship” is heavy on political rhetoric, but may have little practical effect.
Can the honeymoon last?
Trump is relishing his highest favourability ratings and the typical post-election honeymoon enjoyed by most presidents.
But this support could easily evaporate if his supporters’ high expectations are not met quickly. In this context, the executive orders were the fastest way to signal progress on key priorities to an impatient nation.
Across much of the US, concerns over inflation and failing infrastructure remain high. Less than 20% of the country is satisfied with the direction of the country.
For a country desperate for change, there was great appeal in Trump’s election promises to immediately end foreign wars, curb rising inflation and tackle illegal immigration. But such campaign promises have generally been short on details from Trump thus far.
Half of Americans expect the price of everyday items to come down during his presidency – including nearly nine in ten of his supporters. Three-quarters also expect him to carry out mass deportations.
Yet, the public remains divided on other elements of the Trump agenda or doesn’t understand them.
The instantaneous and dramatic nature of executive orders are, therefore, an attractive option for Trump. He can show he is taking steps to fulfil his election promises while buying himself time to figure out thornier issues.
Yet, he runs the risk of losing public support if the orders do not produce substantive change. For this, he may need significant legislative action from Congress.
Trump’s uneasy alliance with Congress
Republicans control both chambers of Congress, as well as the White House. But the historically thin margin of Republican control in the House of Representatives and the perennial thorn of the Senate filibuster could threaten Trump’s legislative agenda.
Until three expected vacancies are filled in the House, the Republicans will not be able to afford a single defector in a party-line vote. House Speaker Mike Johnson is already encountering hurdles in consolidating support behind an all-encompassing “MAGA bill”, which he hopes to introduce to Congress later this year.
In 2017, when Trump had a similarly friendly Congress with a far more comfortable margin, Republicans still struggled to unite behind a legislative agenda. Major tax cuts were passed, but changes to Obamacare and other priorities failed amid party infighting.
This paved the way for sweeping Democrat gains in the 2018 midterm elections — a pattern that could be repeated in 2026 depending on Republicans’ progress in the next two years.
Like Barack Obama before him, Trump may turn to executive orders to sidestep Congress, particularly if Republicans lose control of the House in 2026. Indeed, his executive order to suspend the TikTok ban circumvents a bipartisan law passed by Congress last year and recently upheld by the conservative Supreme Court.
Such moves can generate friction with lawmakers – even those in his own party.
As recently as Sunday, Johnson insisted the US “will enforce the law” against TikTok. And two Republican senators warned against offering TikTok any form of extension, which they claimed would have “no legal basis”.
Divisions between Republicans are also evident over the possibility of tariffs and the future of Trump’s immigration policy.
For now, these tensions will be put aside amid the ongoing inauguration euphoria. But they will inevitably reemerge and could well result in a return to legislative gridlock and inaction. Such delays could find little patience among Americans anxious for rapid solutions to intractable problems.
c. The Conversation
