mightier than the sword?
Credit: Adobe Stock by Jixster
By Ben Everidge for Thomas
Executive Orders v. congressional lawmaking…
Watching Donald Trump reestablish his presence in Washington makes one ask: Is the pen mightier than the sword when it comes to President Trump’s preference to use Executive Orders rather than congressional legislative action to get his political agenda rolling his first 21 days in office?
Your perspective, of course, will depend on the battlefield and how you view the command structure in charge.
Suppose, for example, that we're talking about influence, ideas, and shaping the world in the long run. In that case, the presidential pen – Donald Trump’s pen, symbolizing knowledge, communication, and diplomacy – might have a more lasting impact than the brute force that his congressional leaders might apply.
Words have inspired revolutions. Words have ultimately created laws and changed minds. A sword, on the other hand, figuratively or literally, can take a life. But experience has taught us that a well-crafted idea can shape generations.
However, a sword, or its modern equivalent, often holds the upper hand in moments of immediate conflict. Words alone rarely overturn power structures, especially in an entrenched national capital like Washington, D.C. Words usually need action to back them up.
So, from the perspective of political independents, at the very least, one long ago realized that real power comes when the pen (executive orders) and the sword (congressionally derived laws) work together, when strategy with strength and wisdom with force prevails.
Advantages and Disadvantages
President Trump, having served in the White House for four previous years, certainly understands and appreciates the promises and the pitfalls that come from acting unilaterally on matters of national interest.
So, what are the advantages and disadvantages of going alone?
The Advantages of Executive Orders (EOs)
The advantages offered by issuing executive orders are worthy of consideration by any president:
Speed and Efficiency – Presidents can issue EOs quickly, bypassing the lengthy legislative process, which is helpful in times of crisis or when urgent action is needed.
Avoids Congressional Gridlock – When Congress is divided or unwilling to act, EOs allow presidents to move forward with their agenda without waiting for bipartisan support.
Demonstrates Leadership – Using EOs can signal decisive leadership and a commitment to fulfilling campaign promises, especially when faced with opposition in the legislature.
Flexibility – EOs allow for experimentation with policies that can be adjusted or revoked more easily than laws passed by Congress.
Enforces Existing Laws – Presidents use EOs to clarify or enhance the implementation of existing laws, giving them practical power without needing new legislation.
The Disadvantages of Executive Orders
The disadvantages of using executive orders as opposed to relying on congressional lawmaking are considerable:
Lack of Permanence – EOs are not laws and can be overturned by future presidents, making them a less stable foundation for long-term policy.
Limited Scope – EOs can only direct the executive branch and must be based on existing laws or constitutional authority, meaning they cannot create new laws like Congress.
Legal Challenges – EOs are frequently challenged in court, which can delay or block their implementation if deemed unconstitutional or exceeding executive power.
Potential for Overreach – Excessive reliance on EOs can be seen as executive overreach, leading to backlash from Congress, the courts, or the public.
Lack of Bipartisan Buy-in – Unlike laws passed by Congress, EOs do not require negotiation or compromise, which can lead to a lack of broad support and legitimacy.
When Should a President Normally Use Executive Orders?
Presidents normally use executive orders to their advantage in certain cases:
In emergencies where swift action is required.
When implementing or clarifying existing laws passed by Congress.
When congressional gridlock prevents necessary action, the president has apparent legal authority.
As a temporary measure while working toward a legislative solution.
When Is Congressional Action Preferable?
Congressional action is preferred over executive orders under certain circumstances:
When seeking long-term, stable policy changes that cannot be easily reversed.
When broader public and bipartisan support is needed for legitimacy.
When creating entirely new laws or significant reforms outside the scope of executive power.
When addressing issues requiring budget allocations, only Congress controls government spending.
21 Days of Trumpian Whelm
The first 21 days of the second Trump Administration saw an overwhelming crush of executive orders from the 47th president of the United States. The newly restored commander-in-chief has opted to leave the legislative battlefield behind and plow ahead with initiatives that may or may not withstand future judicial review or lawmaker revolt.
Among those executive actions the President signed or ordered include when he:
Impacting Broad Scope Elements
Unauthorized all Biden Executive Actions still in effect upon entering office.
Authorized the standard protocols any incoming president should undertake upon entering office.
Directed federal agencies to refrain from issuing new regulations until the Trump administration completely controls the government.
Related to Defense and Foreign Policy
Met with the Prime Minister of Japan at the White House to discuss investments in the United States.
Met with Israeli Prime at the White House to discuss the Israel-Hamas War and Gaza rebuilding.
Sanctioned the International Criminal Court for investigating the United States and Israel.
Revoked the security clearances of former President Biden, former Defense Secretary Antony Blinken, and others.
Closed the U.S. Agency for International Development (USAID) building, telling employees to work from home.
Stated that the U.S. wants sovereign rights over Gaza.
Withdrew from the United Nations Human Rights Council.
Removed U.S. Secret Service protection from former Trump defense secretary Mark Esper, former national security adviser John Bolton, former U.S. Secretary of State Mike Pompeo, and Joint Chiefs Chairman retired Army General Mark Milley.
Paused all foreign aid under review by the Trump Administration.
Threatened or imposed tariffs on Canada, Mexico, China, and the European Union.
Imposed a blanket 25% tariff on steel and aluminum imports.
Rescinded Israeli settler and group sanctions imposed by the Biden Administration.
Replaced NBC, Politico, New York Times, and National Public Radio from Pentagon workspace.
Ordered Iron Dome Defense System to protect the USA.
Promised to reinstate with full pay the 8,000-plus military service members who were discharged for refusing orders to take COVID-19 vaccinations.
Designated the Iranian-backed Houthis as a Foreign Terrorist Organization.
Threatened in a social media post to enact "high levels of taxes, tariffs and sanctions on anything being sold by Russia" to the U.S. unless Russian President Vladimir Putin reaches an agreement to end his country's war with Ukraine.
Ousted Coast Guard Commandant Adm. Linda Fagan, the first woman to lead a branch of the U.S. military.
Ordered portraits of former Joint Chiefs Chairman General Mark Milley and former U.S. Department of Defense Secretary Mark Esper removed from the Pentagon.
Related to Domestic Policy
Toured North Carolina’s hurricane devastation and Los Angeles’ fire ravaged neighborhoods to access their interactions with the Federal Emergency Management Agency and its effectiveness.
Attended the Super Bowl in New Orleans and met with families of the victims of the terrorist car attack in the French Quarter.
Ordered a freeze on all non-military federal hiring.
Started purging senior service officials from various agencies.
Mandated an end to working from home for federal employees.
Ordered that the United States Printing Office discontinue minting Lincoln pennies.
Shuttered the Environmental Protection Agency’s environmental justice office and is remaking the Justice Department’s environmental division.
Issued an Executive Order to ban trans athletes from women’s sports.
Crafted an Executive Order to close the US Department of Education.
Designated that Elon Musk is a special federal employee.
Had his cabinet appointees confirmed by the United States Senate.
Froze and unfroze federal government grants and loans.
Halted transgender medical care for those under the age of 19.
Removed “woke” webpages from federal government websites.
Declared that there are two genders only.
Shut down Diversity, Equity, and Inclusion (DEI) offices in the federal government and pressured universities to do the same.
Ordered all federal offices to put their diversity, equity, and inclusion employees on leave.
Took down the Spanish-language version of the official White House website.
Froze federally funded research projects until further notice and review.
Ended the US participation in the Paris Climate Agreement.
Ended the US participation in the World Health Organization.
Declared a national energy emergency.
Started re-opening Alaskan territory to more oil drilling and exploration.
Ended the Green New Deal.
Postponed TikTok sale demand for 75 days while his administration reviews the congressional mandate.
Revoked a mandate that federal workers must be vaccinated with COVID-19.
Signed a directive asking every U.S. federal department and agency to address the cost of living.
Signed a directive called the Removing Barriers to American Leadership in Artificial Intelligence, looking to make the US "the global leader in AI."
Announced Stargate, a proposed $500bn project to create massive AI data centers in the USA.
Signed a directive establishing what the White House calls the President's Council of Advisors on Science and Technology.
Signed an executive order to regulate and promote the crypto industry and explore digital asset creation.
Created a faith office within the White House to protect Christianity.
Removed requirements that people applying for green cards be vaccinated against COVID-19.
Directed the U.S. Secretary of the Interior to change the name of the Gulf of Mexico to the "Gulf of America."
Also directed the Secretary to rename Alaska's Mount Denali to Mount McKinley - in honor of America's 25th president, admired by Trump.
Signed a directive supporting full federal recognition of the Lumbee tribe, a group of about 55,000 Native Americans living primarily in one North Carolina county.
Signed a directive ordering the release of classified documents related to the assassination of President John F Kennedy in 1963, as well as the 1968 killings of Senator Robert Kennedy and civil rights leader Martin Luther King, Jr.
Threatened to use his powers to adjourn Congress so he can make recess appointments for at least some of his top Cabinet nominees and their deputies.
Issued an executive order to bring water from Northern California to Southern California.
Related to Immigration Policy
Declared a national emergency at the southern border between Mexico and the US.
Declared a national emergency at the northern border between Canada and the US.
Directed U.S. prosecutors and law enforcement nationwide to focus on enacting President Trump's immigration policies. They said they should potentially charge state or local officials who impede federal immigration enforcement efforts.
Instructed immigration officials to summarily deport migrants crossing into the country illegally without allowing them to request legal protection.
Ordered expansion of Guantanamo Bay detention facility for deported immigrants.
Began deporting emigrants, both criminal and non-criminal.
Rescinded Venezuelans temporary protected status in the United States.
Sent U.S. troops to the Southern border.
Attempting to end birthright citizenship
Declared drug cartels and international gangs as foreign terrorist organizations
Suspended the US refugee resettlement program
Suspended legal immigration portals
Revoked a Biden-era policy that prohibited arrests by U.S. immigration agents at or near schools, places of worship, and other areas deemed to be "sensitive locations."
Had a dust-up with Columbia on accepting deported immigrants.
Related to Investigative Matters
Pardoned the January 6th Capitol riot supporters and commuted the sentences for Oath Keepers and Proud Boys leaders.
Granted a full and complete pardon for Silk Road’s leader.
Fired U.S. Department of Justice officials who led investigations into Donald Trump’s activities.
Fired Federal Bureau of Investigation officials who also led investigations into his activities.Fired 16 agency inspector generals.
Revoked the security clearances of his former national security adviser, John Bolton, and dozens of intelligence officials who signed a letter in 2020 claiming emails found on a laptop owned by Hunter Biden bore the hallmarks of a Russian disinformation campaign.
Related to Miscellaneous Issues
Fired the volunteer chair and specific Kennedy Center for the Performing Arts board members and appointed himself as Kennedy Center Board Chair.
Was inaugurated and said goodbye to President and Dr. Biden.
Ordered the U.S. flag to be raised to full staff on the day of his inauguration and then lowered to half-staff for the remaining days of honor to the late President Jimmy Carter.
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The first three weeks of President Trump’s second term in the White House has been hectic and illuminating. Clearly.
Our take on these Executive Orders is the following:
No one should be surprised by this list of the President’s actions to date. One way or another, at some time during the campaign or during Mr. Trump’s sojourn from the Oval Office between terms, he said he was going to do these things if re-elected. Mr. Trump is delivering on those promises with gusto.
A majority of the American public voted for Mr. Trump hearing about his political agenda many times over. The voter has spoken, granting 47 an electoral college and popular vote win over his opponents.
Democrats lost functional control of the White House and the United States Senate and did not regain majority status in the U.S. House of Representatives. In other words, Democrats very clearly are the minority in national politics today. Our nation’s political agenda belongs to the GOP for at least the next two years. Buckle up, Butter Cup, goes the saying.
The Democratic Party is in complete turmoil as of this time without a titular leader to effectively combat President Trump’s vision for America and even then appears to have double-downed on advancing many of those policies and political philosophies that earned them electoral defeat in the halls of government.
Political independents do not appear as of this time to be in any better of an organized shape to support or oppose Mr. Trump’s agenda as reflected by his flurry of executive orders since taking office January 20th. The President’s faithful base is holding and dominating American politics in 2025. Nonetheless, political independents need to speak up. Clearly and effectively.
The most immediate option for opposing the President’s agenda will fall to the courts, which the American public fully appreciates, progresses at a slothish pace. The Trump Administration has made clear that the courts can be ignored so the potential for counter-balancing alternatives to prevail is astonishingly low.
In our opinion, Mr. Trump’s actions to date appear to fall into five distinct categories. Is 47:
Degrading the United States Constitution? Mr. Trump and his team have effectively neutered the Senate’s advise and consent role by threatening Elon Musk-funded primary challenges; negated the House’s spending authority role and are consistently undermining the Rule of Law in America.
Weakening the United States domestically and geopolitically? Does that happen via the tariff fight with Canada, Mexico, and China; threatening the EU, NATO, and South Africa; taking over Greenland and the Panama Canal; pushing Egypt and Jordan to take in Palestinians from Gaza once they become homeless due to the Trump-envisioned redevelopment of that war-torn territory; withdrawal from the UN Human Rights Council; and frequently disparaging once-trusted USA institutions.
Undermining our safety? By firing 16 agency inspector generals; pardoning or commuted the sentences of January 6th felons'; firing Equal Employment Opportunity Commission and National Labor Relations Board commissioners; withdrawal from the World Health Organization and the Paris Climate Agreement; embracing anti-vaccine and anti-transgender youth healthcare; and canceling security protection for Esper, Bolten, Pompeo, and Milley from Iranian threats.
Weakening the federal government’s capacity to operate effectively by centralizing power in the Oval Office? Does challenging and ignoring congressional spending authority under the U.S. Constitution; offering controversial, weak cabinet nominees and pushing for recess appointments rather the congressional hearing; putting independent agencies under his control; and seizing control of the civil service and inducing early buy-out options for federal employees do this?
Applying political retribution? By firing and threatening to fire FBI & DOJ officials and career prosecutors; and pardoning criminals for violently assaulting police but fired FBI agents and prosecutors for doing their jobs.
Alternative policy options must be viable and broad-based in their benefit if a majority of Americans and members of Congress are to endorse and embrace them.
To that end, Thomas supports:
The right of the President and his Administration to pursue their agenda priorities subject to the right of Congress and the courts to review and endorse those agenda items as being legally sound. We are pro-American and pro-American Constitution.
Put more non-governmental earning ability in the hands of average Americans where job and education quality, affordable housing and healthcare, and safe neighborhoods are possible. Across all of the generations. Now, not later. We believe in a balanced federal budget, a fair flat tax equal to every American and every business.
Consolidating the agencies of government into a cohesive family of organizations that will create a more efficient and affordable federal enterprise for Americans. We believe, however, that Congress (the sword) needs to be part of the equation - not in lieu of. Waste, fraud, and abuse have been with us for decades and must come to an end. Presidents Reagan and Clinton made it their bipartisan mission when inhabiting 1600 Pennsylvania Avenue. We believe the mission is as critically important today.
Closing the southern and northern borders to abate illegal immigration is the proper first step. Executive Orders that declare national emergencies at our borders make that possible. But the sword is needed here again in the form of comprehensive immigration reform through and not around Congress. This includes ending the existence of sanctuary city policies but not penalizing Dreamers who played no role in the decision to illegally immigrate due to their youthful age.
Ending divisive discrimination that harms the whole in American society and promotes no discrimination of any kind, against anyone, anytime.
To that end, Thomas opposes:
Burdensome regulations that neuter American pioneering, innovation, and individualism.
Annexing or taking control of Greenland or Gaza. Compliance review of the Panama Canal Treaty is fair game.
Tariffs that penalize America’s allies or are inflationary to our citizens. Tariffs are useful for negotiating with and compelling appropriate trade behavior with America’s adversaries.
Pardoning violent January 6th Capitol rioters. Protecting the Blue means protecting the Blue. Assaulting American police officers is not acceptable.
Gutting the U.S. Department of Justice’s department to combat foreign interference in American elections.
Eradicating the use of evidence-based medically-evaluated vaccines that have proven their ability to protect Americans’ health.
If you agree or disagree with this assessment, please comment on this story. It is the American way, after all!