To this day (30/1), the 45th President of the United States, Donald Trump, has issued several executive orders, or officially called executive orders. The orders have various purposes, from ending the ObamaCare healthcare program, the order of building a wall on the southern border of the United States, to the prohibition of entry of immigrants from Muslim countries on the grounds of terrorism.
However, what is an executive order? What's the difference with the other executive actions? To what extent is the executive order given to the president of the United States?
Donald Trump shows the contents of the executive order. (Photo: Jonathan Ernst / Reuters)
An executive order is just one of several executive powers a president of the United States has. At least, there are three kinds of executive authority, namely: executive order, presidential memoranda, and proclamation.
What is often called the media about executive order by Trump is not really just an executive order alone, but there is also a memoranda presidential.
Executive orders that have been issued by Trump, for example: orders construction of a wall on the southern border of the United States. Meanwhile, the presidential memoranda that Trump has published, such as: United States withdrawal from Trans-Pacific Partnership.
The mention of both is often simplified as an executive action, a presidential executive policy.
Trump refuses immigrants from 7 Muslim countries (Photo: Laura Buckman / REUTERS)
Executive order is almost the same as the presidential memoranda. Both have the power of law, issued by the president as head of the executive branch of government to the federal administration agency. Despite having the same legal force as legislative law products, they do not require Congressional approval to enter into force.
Therefore, executive orders and presidential memoranda often be the choice of president to save time or when not get enough support from the congress through legislation usual steps.
Nevertheless, there remains a difference between the executive order and the presidential memoranda.
Trump signs orders about immigration (Photo: Carlos Barria / REUTERS)
Every executive order signed by the president is registered with the Federal Register, the official record of any US government policy. Presidential memoranda does not require this step.
The executive order must identify itself that the policy has a parent of policy from which, whether from the constitution or from a legal product. The executive order must also state how much it will cost to implement the policy. Presidential memoranda does not have to do so, unless the cost incurred exceeds 100 million dollars.
In addition to these two policies, there is still proclamation. But this authority is usually only symbolic and often has no legal force. Examples such as "National Park Week", "LGBT Proud Month," and "Veterans Day." All three are more appeals than a binding command.
Such as "Movement of Eating with the Right Hand", when compared with the City Government of Depok.
Protest against Executive Order Trump in Chicago (Photo: Kamil Krzaczynski / REUTERS)
Despite having binding legal force, executive orders and presidential memoranda can be canceled. At least, there are two ways to cancel it.
The first is by the next president of the United States. This is possible because if a government does not like executive orders made by the previous government, it can remove the executive order.
In addition, the executive order is also the subject of a judicial review, in which the Supreme Court can abolish it if it is declared unconstitutional.
In fact, in addition to these two mechanisms, the United States Congress is able to withstand executive order execution, by issuing policies that complicate the funding of the presidential order. Congress is also able to amend the law on which the executive order is based, making the president's executive order irrelevant.
However, with more Republican bearers of Trump than Democrats who became the opposition, it was hard to see the executive order was canceled its validity.
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