The president isn’t a king
Margaret Sullivan made a super important point in her newsletter the other day. The way the press is reporting on these Executive Orders, which is the only thing he’s actually doing,
Immediately after retaking the presidency in January, Donald Trump began signing executive orders with lightning speed. Wielding his fancy pen like a wrecking ball, he acted like he was autographing new copies of “The Art of the Deal” for his fans.
[….]
In his first three months in office, Trump has signed more than 120 executive orders — not only a record number for any president in that short time but closing in on what some former presidents have signed in their entire terms.
And the media — particularly in credulous headlines and news alerts — has too often covered them as if they’re settled law, accepting Trump’s inflated sense of his own power. A few examples:
“Trump Signs Order Barring Transgender Student-Athletes From Women’s Sports,” said a New York Times headline .
“Trump signs executive order to dismantle the Education Department,” according to NBC News.
“Trump Signs Order Requiring Citizenship Proof to Vote in Federal Elections,” blared another Times headline.
Deeper in the stories, journalists often pointed out serious legal or constitutional issues, but you’d never know it from the headlines…
But as I’ve noted before, many people never get very far into a news story. They scan a headline or a social media post, and come away with a conclusion that’s incorrect. And while it’s true that it’s difficult to get much nuance or context into a six- or eight-word news alert, it’s the media’s responsibility not to leave the public with a false impression.
To put it bluntly, these orders aren’t the law. Legally, executive orders essentially are memos to Trump’s subordinates to act within their existing powers. Those powers are authorized by laws enacted by this organization you might have heard of? It’s called Congress. (And, after all, Congress gets top billing in Article I of the Constitution as the body that gets all legislative powers. The president, says Article II, is supposed to take care that the laws be faithfully executed.)
Obviously, Trump doesn’t understand that his Executive Orders aren’t laws. He thinks he’s signing legislation. But the rest of us should be very clear that these are not laws and do not have the same authority.
It will be up to courts to decide just how much power Trump actually has to enact his own imperial orders (let’s hope not much) but a lot of what he’s doing is in contravention of laws passed by congress and signed into law which should force the courts to order that they not be followed. We’ll have to see. But none of us should ever think that this flurry of presidential decrees have the force of law in and of themselves. They do not.
The media should make that clear every time he signs one.