The Misuse of Executive Orders: A Call for Review and Accountability

Executive Orders: Temporary by Default, Permanent by Approval

One of the most powerful tools available to the executive branch is the executive order. While executive orders are necessary for swift action in certain circumstances, they should not be allowed to become a long-term solution without proper oversight. The unchecked use of executive orders bypasses democratic processes, which is why reform is necessary to ensure these orders do not become permanent without review and approval.

The Temporary Nature of Executive Orders

Under this proposed reform, executive orders would have a time limit—they would be temporary for up to six months, at which point they would need to undergo a formal review process by Congress or the Senate to become permanent.

• Initial Temporary Status: When an executive order is issued, it would automatically expire after six months unless it is reviewed and approved by Congress or the Senate.

• Approval Process: To prevent unilateral power grabs, the executive order would need to go through a rigorous review and debate process. This would involve committees in Congress or the Senate, where the order would be carefully scrutinized for its long-term effects on the country, its legality, and its alignment with the public’s interests.

• Congressional or Senate Approval: After the review, the executive order can only become permanent if it is approved by both Congress and the Senate. This ensures that the decision to maintain an executive order is not made by a single branch of government but rather through a process that includes both elected chambers representing the people.

Why This System is Crucial

The current system of executive orders allows a sitting president to make sweeping policy changes without proper debate, and with minimal oversight. By imposing a six-month expiration period, this reform ensures that no executive order can remain in effect indefinitely without thorough consideration.

Here’s why this is necessary:

• Political Accountability: Executive orders are often politically motivated, and their consequences can last far beyond a president’s term. By requiring Congressional or Senate approval, we prevent any one administration from cementing controversial policies for years without sufficient debate.

• Prevents Bad Policies from Lasting: If a president issues an executive order that has negative consequences, it should not be allowed to become permanent simply due to political inertia or oversight. With Congressional or Senate review, bad policies can be overturned, ensuring the people’s will is respected.

• Prevents Power Consolidation: The executive branch must not be allowed to bypass Congress in the law-making process. By making executive orders subject to legislative review, we safeguard the separation of powers and ensure that no single branch of government becomes too powerful.

• Prevents Political Manipulation: If executive orders are allowed to stand without oversight, they may serve political interests rather than the broader public good. The review process ensures that policies are thoroughly assessed and aren’t just used as political tools by the current president.

Ensuring the People’s Voice

This system ensures that the people's representatives, through their elected members of Congress or the Senate, have a say in the most important decisions that impact the country. It brings the law-making process back to the legislative branch, where it belongs, and removes the risk of arbitrary, unilateral executive actions.

• If the executive order aligns with the public interest and is deemed necessary for the country’s well-being, it will be approved and made permanent.

• If the order is harmful, or if it was issued for purely political reasons, it will expire, and the next president can withdraw it without having to fight against political opposition that might have been rooted in past politics.

hosseindehnavifard.com