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FERRIS – While it is not unusual for incoming presidents to sign executive orders, presidential memos and proclamations, U.S. President Joe Biden seems to be on a strong roll.

On the first day Biden was in office, he signed 17 executive actions.  

The signing of these actions is not necessarily unusual over time, however consider that Donald Trump, Barack Obama, George W. Bush and Bill Clinton combined only signed four such actions on their first day in office. 

As of the beginning of this week, the newly minted president had signed 39 presidential actions. 

That breaks down to 25 executive orders, 10 presidential memos and four proclamations beating both Trump and Obama together during this same period. 

Some readers might wonder why Congress seems to be sitting back and doing nothing.

In short, what can be done?

Well, first of all nowhere in the Constitution does it outline what the authority for a president to use these executive actions actually is – it is a black hole and hard to define.

The U.S. Supreme Court is bound to uphold the law that executive orders from POTUS must be supported by the Constitution or by Congress delegating this to the executive branch. 

Congress and Federal Courts can say no to executive orders that are not within the scope of the authority of the president and it has been done. 

Congress also has the ability to change or pass legislation to nullify an executive order when the president is acting on authority granted by statute. 

After all, it is Congress’ job to make laws. Then you get into more signatures needed by POTUS and even veto overriding to overturn what has been done by one branch without another in agreement.

So you see, it is not that simple.

It is hopeful, but not certain, Biden will not overtake the past president who signed more executive orders than any other president in history.  

That would be Franklin D. Roosevelt with 3,721 executive orders signed. There were actually five from that number overturned by the Supreme Court in 1935. 

Coming closer to modern times, Ronald Reagan signed 381, George H.W. Bush was at 166, Bill Clinton had 364 orders and George W. Bush was at 291.

When you think of the number of executive actions however, one scholar said to me, don’t think about the number think about if the president did this without the abuse of power and within the rights of the law. 

Or, were these orders improper.

So far Biden has signed off on not only reversing a number of Trump’s order, but also actions relating to racial injustice, immigration, corona virus, climate change and health, to name the bulk.

As the world turns we can only imagine what will happen next. To stay caught up, Biden’s latest executive order came on Jan. 28 strengthening Medicaid and the Affordable Health Care Act.

 

Presidential Memo, Jan. 20, 2021: Memorandum on modernizing regulatory review

Presidential Memo, Jan. 20, 2021: Memorandum on preserving and fortifying deferred action for childhood arrivals (DACA)

Presidential Memo, Jan. 20, 2021: Memorandum on reinstating deferred enforced departure for liberians

Executive Order, Jan. 20, 2021: Advancing racial equity and support for underserved communities through the federal government

Executive Order, Jan. 20, 2021: Ensuring a lawful and accurate enumeration and apportionment pursuant to the Decennial Census

Executive Order, Jan. 20, 2021: Organizing and mobilizing the United States Government to provide a unified and effective response to combat COVID-19 and to provide United States leadership on global health and security

Executive Order, Jan. 20, 2021: Preventing and combating discrimination on the basis of gender identity or sexual orientation

Executive Order, Jan. 20, 2021: Ethics commitments by executive branch personnel

Executive Order, Jan. 20, 2021: Protecting public health and the environment and restoring science to tackle the climate crisis

Executive Order, Jan. 20, 2021: Protecting the Federal workforce and requiring mask-wearing

Executive Order, Jan. 20, 2021: Revocation of certain executive orders concerning Federal regulation

Executive Order, Jan. 20, 2021: Revision of civil immigration enforcement policies and priorities

Proclamation, Jan. 20, 2021: A National Day of Unity

Proclamation, Jan. 20, 2021: Ending Discriminatory Bans on Entry to the United States

Proclamation, Jan. 20, 2021: Termination of emergency with respect to the southern border of the United States and redirection of funds diverted to border wall construction

Presidential Memo, Jan. 21, 2021: Memorandum to extend Federal support to governors’ use of the National Guard to respond to COVID-19 and to increase reimbursement and other assistance provided to states

Presidential Memo, Jan. 21, 2021: National Security directive on United States global leadership to strengthen the international COVID-19 response and to advance global health security and biological preparedness

Executive Order, Jan. 21, 2021: Promoting COVID-19 safety in domestic and international travel

Executive Order, Jan. 21, 2021: Ensuring a data-driven response to COVID-19 and future high-consequence public health threats

Executive Order, Jan. 21, 2021: Improving and expanding access to care and treatments for COVID-19

Executive Order, Jan. 21, 2021: Sustainable public health supply chain

Executive Order, Jan. 21, 2021: Ensuring an equitable pandemic response and recovery

Executive Order, Jan. 21, 2021: Supporting the Reopening And Continuing Operation Of Schools And Early Childhood Education Providers

Executive Order, Jan. 21, 2021: Establishing the COVID-19 pandemic testing board and ensuring a sustainable public health workforce for COVID-19 and other biological threats

Executive Order, Jan. 21, 2021: Protecting worker health and safety

Executive Order, Jan. 22, 2021: Protecting the Federal workforce

Executive Order, Jan. 22, 2021: Economic relief related to the COVID-19 pandemic

Executive Order, Jan. 25, 2021: Enabling all qualified americans to serve their country in uniform

Executive Order, Jan. 25, 2021: Ensuring the future is made in all of america by all of America’s workers

Proclamation, Jan. 25, 2021: Suspension of entry as immigrants and non-immigrants of certain additional persons who pose a risk of transmitting Coronavirus disease

Presidential Memo, Jan. 26, 2021: Memorandum on tribal consultation and strengthening nation-to-nation relationships

Presidential Memo, Jan. 26, 2021: Memorandum on condemning and combating racism, xenophobia, and intolerance against Asian Americans and Pacific Islanders in the United States

Presidential Memo, Jan. 26, 2021: Memorandum on redressing our Nation’s and the Federal Government’s history of discriminatory housing practices and policies

Executive Order, Jan. 26, 2021: Reforming our incarceration system to eliminate the use of privately operated criminal detention facilities

Presidential Memo, Jan. 27, 2021: Memorandum on restoring trust in government through scientific integrity and evidence-based policymaking

Executive Order, Jan. 27, 2021: President’s Council of advisors on science and technology

Executive Order, Jan. 27, 2021: Tackling the climate crisis at home and abroad

Presidential Memo, Jan. 28, 2021: Memorandum on protecting women’s health at home and abroad

Executive Order, Jan. 28, 2021: Strengthening Medicaid and the Affordable Care Act