To understand how some of President Trump’s executive orders are a threat to democracy requires a little background on what they are and the authority to create them. An executive order is a formal statement by the president that directs the operation of the federal government. Every president, except William Henry Harrison, who died after only 32 days in office, has issued executive orders.

George Washington’s first executive order was a directive to the heads of departments to report to him on the affairs of their departments. During President Trump’s first 100 days in office, he signed 143 executive orders, far more than any other president during the same time span. Franklin Delano Roosevelt, who became president during the height of the Depression, comes in second with 99 executive orders issued during his first 100 days.

The president’s authority to issue executive orders is found in Article II, Section 1 of the Constitution, which states: “The executive Power shall be vested in a President of the United States of America.” “Executive power” is the power to implement and enforce federal laws. The president also has the authority to issue executive orders where Congress has delegated such authority to the executive branch.

People assume that all executive orders have the force of law. That is not correct. The president must be acting within the scope of his authority, and the executive order must not violate the Constitution or other provisions of the law. A well-publicized example of an unconstitutional executive order is President Trump’s attempt to eliminate the birthright citizenship guaranteed by the 14th Amendment to the Constitution. President Trump’s response to decisions overruling his executive orders has been to call these judges such names as “radical left lunatics” and demand their impeachment. This name-calling, aside from lowering the level of civil discourse, is at least partly responsible for the recent doubling in the number of threats against federal judges and their families.

In reality, these judges, who were appointed by both Democratic and Republican presidents, are simply following the law. It is not only President Trump’s executive orders that have been overturned. Some of President Obama’s executive orders were as well, and President Biden’s attempted elimination of $400 billion in student debt and his vaccine mandate for businesses with more than 100 employees met the same fate. Executive orders by earlier presidents have also been overturned.

Some of President Trump’s executive orders demonstrate an attempt to expand his power and control by usurping the authority of Congress. Congress creates and funds federal departments and agencies. Only Congress can abolish a department or agency it created; however, President Trump is, by executive order, attempting to eliminate the Department of Education.

Federal law requires funds appropriated by Congress to be spent for the purpose intended. However, by executive orders, President Trump has refused to expend funds appropriated by Congress for various agencies. It should come as no surprise that federal courts have found executive orders blocking the expenditure of appropriated funds for agencies to be unconstitutional.

Article I, Section 8 of the Constitution gives Congress the power to regulate tariffs. The International Emergency Economic Powers Act passed by Congress gives the president the authority to regulate tariffs in the event of an emergency. By executive order, President Trump declared an emergency due to trade deficits, even though these deficits have existed for decades. President Trump has since imposed a variety of tariffs on many countries around the world. There are lawsuits challenging the legality of this executive order pending. Rather than wait for court decisions, Congress could by legislation easily reclaim its authority to regulate tariffs and eliminate the tariff chaos we have at present.

It is high time that Congress reasserts its constitutional authority. It should not be just the courts that are preventing a slide toward authoritarianism. Tell your congressional representatives to do the job they were elected to do as a co-equal branch of government. Our future freedom and way of life may depend on it.