
Trump's executive orders: He who rules calls the shots? Not necessarily
A portion of the orders issued by Trump on his first day in office might just be a token gesture. How bad would it be?
President Donald Trump, on his return to the White House on January 20, 2025, signed a significant number of executive orders, reaffirming his intention to quickly fulfill campaign promises. These measures have generated controversy and questions about the limits of presidential power. While executive orders are a powerful tool, they are subject to judicial review and do not always guarantee that "he who rules, rules."
An executive order is a presidential directive that has the force of law within the framework of the Executive Branch. Under the U.S. Constitution, the president has the authority to issue these orders based on Article II, which empowers him to ensure the faithful execution of the laws. However, these directives cannot create laws or contradict them. As John Sanchez, founder of the Colombian Institute of International Migration Law, explains, "Executive orders are not laws. They must go through a legislative process to become law, and the president is never above federal law.
The orders are subject to judicial review and can be blocked if they exceed presidential powers. "Federal judges review whether these measures are within the constitutional framework. If they are not, they can be overturned," adds Sanchez.
Trump 2.0's first orders
On his first day in office, Trump signed orders aimed at dismantling policies of the previous administration and setting new priorities. Among the most notable measures are:
1. Declaration of emergency on the southern border
Trump proclaimed a national emergency on the border with Mexico to stop illegal immigration and designated drug cartels as foreign terrorist organizations. This measure faces legal challenges, as it cannot violate international agreements guaranteeing the right to asylum. According to Sanchez, "denying the right of asylum is in conflict with treaties signed by more than 190 countries under the UN."
2. Elimination of the CBP One program
Trump eliminated this system that organized the entry of migrants. The order was sued a few hours after being issued, and judges will determine whether it complies with federal immigration laws. "This type of measure seeks to give the impression of immediate action, but faces legal limits," explains Sanchez.
3. Withdrawal from the Paris Agreement and WHO.
Trump withdrew the United States from the Paris Agreement on climate change and the World Health Organization (WHO). These decisions have been criticized for their global impact and for being seen as a step backwards in international leadership.
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4. Establishment of Doge
Trump created a new department to reduce bureaucracy and modernize government. The "Doge Agenda" includes the digitization of administrative processes and the elimination of redundancies. Although it seems a well-intentioned measure, its implementation faces technical and political obstacles.
The limits of presidential power
Although Trump has used executive orders to fulfill campaign promises, these actions do not guarantee that his policies will last. As Sanchez points out, "executive orders can go into effect quickly, but if they exceed presidential powers, they will be blocked by judges."
A current example is the controversy over birthright citizenship, protected by the 14th Amendment. Trump announced his intention to eliminate this right through an executive order, but Sanchez clarifies that "modifying this right would require a constitutional amendment, which involves a legislative process with approval by two-thirds of both houses of Congress and ratification by three-fourths of the states." This measure will face major legal challenges and is unlikely to succeed.
The use of executive orders reflects a political strategy. "Trump came in and signed orders that were campaign promises. This allows him to demonstrate immediate action to his supporters," explains Sanchez. However, these measures are also a double-edged sword, as many will be challenged in court and at some point the President will have to explain why he was unable to fulfill his promises. The answer will have to be, basically, because such announcements exceeded the legal and constitutional limits of his actions.
Trump's return to the White House has revitalized the debate on the scope and limits of presidential power. Although executive orders are a powerful tool, their effectiveness depends on whether they respect the existing legal framework. As Sanchez explains, "executive orders must be within the constitutional framework, and when they are not, judges block them."
The president may "call the shots," but in a democratic system like the United States, the balance of powers ensures that no authority is absolute. Trump's actions will face close scrutiny from a system designed to protect the fundamental rights and laws of the land. His ability to deliver on his promises will depend not only on his political will, but also on the strength of his legal arguments and the support he is able to build in Congress.
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