In our latest dig, we examine President Joseph R. Biden's quantity of Executive Orders.
Americans on both sides of the aisles are closely watching the President's every move to understand where the country is heading next. The atmosphere on Social Media is polarized and, while President Biden called for unity in his inaugural speech, there does not seem to be much unity on Social Media. In particular, if you frequent Facebook and you have conservative and liberal friends online. If my Facebook account even remotely represents a snapshot of America, then unity is still a pipedream. I was surprised by a recent post made by an acquaintance of mine online. She is a Biden supporter, or at least she proclaimed to be one online in her postings at and around election time. She posted to get out and vote for Biden. Fair enough! That is her 1st amendment right, and people are entitled to their feelings. I am a big believer in the lyrics from Mountain Song by Jane's Addiction "Everybody has their own opinion." She inspired my research into this topic today because I recently noticed a big change in her comments online.
Shortly after President Biden issued Executive Orders to freeze drilling on Federal land, killed the Keystone XL pipeline project, and signed an Executive Order for the Federal government to buy American, my friend updated her Facebook profile. Paraphrasing slightly to keep her anonymity, she wrote that she agrees with buying American, but at what cost to the taxpayers and followed that up with a comment about future exorbitant gas prices as a result. I was shocked. A registered Democrat and public Biden Supporter implying that the President's Executive Orders will drive up gas prices? It certainly read like voter remorse to me.
Chart 1: The Executive Orders of Six Presidential Terms
The White House communications director Kate Bedingfield stated, "Undoing some of Mr. Trump's excesses is necessary, but Mr. Biden's legacy will depend on his ability to hammer out agreements with Congress." We certainly hope he will begin to hammer out some agreements considering he will control the Senate and House of Congress. I took the time to plot out President Biden's Executive Orders for the first 30 days and compared this with his five most recent terms (See Chart 1: The Executive Orders of Six Presidential Terms). It becomes obvious to any visual learner that the number of Executive Orders being issued by Forty-Six is an extreme departure from his peers this early in his first term. (The American Presidency Project, 2021)
The difference between Biden and his peers was enough to draw attention and criticism from the New York Times with their opinion article titled "Ease Up on the Executive Actions, Joe." The Editorial Board (2021). Kate Bedingfield was quick to respond and "slammed the New York Times over its editorial calling for President Biden to 'ease up' on executive actions." Steinbuch (2021). In Kate's defense, she is just doing her job and defending the administration, but anyone with basic spreadsheet knowledge can quickly identify the disparity. The publicly available data on President Biden's Executive Orders is a historical climb, the likes of which have never been seen before by any other President over such a short time interval. How historical is this hockey stick shape of signings? It is a valid question that some Americans might be asking themselves. Well, don't take my words for it. Go to the source at UC Santa Barbara. Here you can see the work done by John T. Woolley & Gerhard Peters. You will notice that the beginning of their chart aligns with my data presented herein Chart 1 because the Executive Orders archive data used to build both charts is the same. (Woolley & Peters, 2021) UC Santa Barbara is tracking progress over the first 100 days of the Biden Administration here:
President Joseph R. Biden has signed more Executive Orders in the first 30 days in office than any other President in the History of the United States. It seems that President Biden is making history repeatedly. In the recent November election, many of us who stayed up late saw an observable increase of votes go to Biden in the late hours of the night, and according to MSN, "Biden's total beats the record of most votes recorded for a presidential candidate in history." (Neale, 2020)
Americans should consider that a fair follow-up question is, are Executive Orders a good thing for our democracy? They certainly serve a purpose, but they are often used by Presidents who cannot agree with their opposition. The Heritage Foundation wrote, "Former President Bill Clinton proudly publicized his use of executive decrees in situations where he failed to achieve a legislative objective." And the article goes further to state that "a President who abuses his executive order authority undermines the constitutional separation of powers and may even violate it." In the interest of transparency, I want my readers to understand that The Heritage Foundation is a conservative think tank, so do not expect them to favor Democrats or their policies. (Gaziano, 2009).
We will briefly negate what conservatives think for a moment and reverse the viewpoint. What do liberals believe? At an ABC News town hall event in Philadelphia in October 2020, George Stephanopoulus asked now President Biden, "So there's not going to be any delay on the tax increases." The context was specifically around taxes and using Executive Orders to increase them. Let's examine Biden's response. "No, well, I've gotta get the votes. I gotta get the votes. That's why -- you know, the one thing that I -- I have this strange notion. We are a democracy. Some of my Republican friends and some of my Democratic friends even occasionally say, 'Well, if you can't get the votes, by executive order, you're going to do something.' Things you can't do by executive order unless you're a dictator. We're a democracy. We need consensus." (Dale, 2021)
We can break it down in his own words further.
Some of my Republican friends and some of my Democratic friends even occasionally say, 'Well, if you can't get the votes, by executive order, you're going to do something.'
Politicians from both parties, whom President Biden knows, advocate using Executive Orders when the votes cannot be achieved because at least some progress is being made (paraphrasing). Interesting, because this aligns similarly with what the Heritage Foundation wrote about Bill Clinton's use of Executive Orders. It seems like conservatives and liberals do have some overlapping beliefs in some areas after all (Guilty as charged, I am getting a little tongue in cheek here).
According to fact-checkers, the President's specific words during that interview have apparently been mischaracterized by some. Things you can't do by executive order unless you're a dictator. We're a democracy. We need consensus.
It would seem that at least when it relates to tax increases, President Biden does confirm publicly that passing Executive Orders to increase taxes without the votes would make you a dictator. For certain Executive Orders, particularly those on increasing taxes, President Biden thinks you would have to be a dictator to use them. Depending on the context, some liberals think the use of Executive Orders can be an abuse of power, including President Biden himself (under certain conditions).
What about our higher educators in the schools of law and legislation? Let's look at one snapshot opinion, but first, we need to take our time machine and flux capacitor all the way back to 1975.
"The increased use of executive orders and other presidential directives is a fundamental problem in modern-day America. The Constitution does not give one individual an 'executive pen' enabling that individual to single-handedly write his preferred policy into law. Despite this lack of constitutional authority, presidential directives have been increasingly used-both by Republicans and Democrats- to promulgate laws and to support public policy initiatives in a manner that circumvents the proper lawmaking body, the United States Congress." (Branum, 1975)
Obviously, researching what every University thinks on this subject or what every conservative and liberal person thinks about Executive Orders is impossible. We do know that some believe they are an abuse of power and represent a problem for America. People are concerned about President Biden's Executive Orders and the record-breaking pace that he is issuing them at right now. President Biden and his staff need to carefully weigh this because if the consensus grows around this as wrong, it could backfire. That's when the Democrat party will have a problem on their hands as well. Voters remorse and members of their own support structure are already turning against them, which could grow if they are not very careful.
My friend is not the only person complaining on Facebook about her vote. You do not have to look far to see that backlash is emerging, and the President has not even been in office for 30 days yets. For example, "Biden was endorsed by a number of key labor unions that work on pipelines, refineries and other energy installations, including the International Teamsters and North America’s Building Trades. Those unions celebrated the victory of a pro-labor president, but opposed the Keystone move, and are lining up against threats to the other pipelines" (Sanicola & Williams, 2021). A backlash is forming on social media surround President Biden's Executive Order allowing transgender women to compete in women's sports, which has been proven to be an unfavorable position in reputable polls. "A November 2019 poll by Rasmussen Reports found just 29% supported allowing biological males who identify as women to compete against biological females, and 51% opposed it." (Richardson, 2021)
Forty-six is going to have control of the Senate and House. There is really no need for this quantity of Executive Orders because he should have the support necessary to "hammer out agreements with Congress." Bad optics are just that. They are bad optics whether you are a Democrat, Republican, or Independent.
References:
The American Presidency Project (2021). Documents - Categories - Executive Orders. UC Santa Barbara.
Available at: https://www.presidency.ucsb.edu/documents/app-categories/written-presidential-orders/presidential/executive-orders
Woolley, T. John, & Peters, G. (2021, January 31). Biden in Action: the First 100 Days – Biden compared to prior presidents. UC Santa Barbara.
Dale, D. (2020, January 30). Fact check: No, Biden didn't say that signing lots of executive orders makes you a dictator Fact check: No, Biden didn't say that signing lots of executive orders makes you a dictator. CNN.
Steinbuch, Y. (2021, January 29) White House’s Kate Bedingfield slams NY Times editorial on Biden’s executive orders. NY Post.
Available at: https://nypost.com/2021/01/28/bedingfield-slams-ny-times-editorial-on-bidens-executive-orders/
The Editorial Board (2021, January 27). Ease Up on the Executive Actions, Joe. New York Times.
Neale, S. (2020, November 4) Joe Biden sets record for most votes received by a presidential candidate amid huge voter turnout. Microsoft News (MSN).
Gaziano, T (2001, February 21). The Use and Abuse of Executive Orders and Other Presidential Directives. The Heritage Foundation.
Available at: https://www.heritage.org/political-process/report/the-use-and-abuse-executive-orders-and-other-presidential-directives
Richardson, V. (2021, January 21). Biden accused of 'erasing women,' threatening girls' sports with gender-identity order. The Washington Times.
Available at: https://www.washingtontimes.com/news/2021/jan/21/joe-biden-gender-identity-order-accused-erasing-wo/
Sanicola, L & Williams, N. (2021, February 1). Once united in support of Biden, environmentalists and unions clash over pipelines. Reuters.
Branum, Tara L. (1975, January 1) "President or King - The Use and Abuse of Executive Orders in Modern-Day America," Notre Dame Journal of Legislation: Vol. 2: Iss. 1, Article 9.
Available at: http://scholarship.law.nd.edu/jleg/vol2/iss1/9
Chart 1 Raw Data Source (The American Presidency Project, 2021)
President Joseph R. Biden
Chart 1 Range
Day 30: February 18, 2021
Day 1: January 20, 2021
January 28, 2021
Executive Order-Strengthening Medicaid and the Affordable Care Act
Joseph R. Biden
Day: 9
January 27, 2021
Executive Order-President's Council of Advisors on Science and Technology
Joseph R. Biden
Day: 8
January 27, 2021
Executive Order-Tackling the Climate Crisis at Home and Abroad
Joseph R. Biden
Day: 8
January 26, 2021
Executive Order-Reforming Our Incarceration System to Eliminate the Use of Privately Operated Criminal Detention Facilities
Joseph R. Biden
Day: 7
January 25, 2021
Executive Order-Enabling All Qualified Americans to Serve Their Country in Uniform
Joseph R. Biden
Day: 6
January 25, 2021
Executive Order-Ensuring the Future Is Made in All of America by All of America's Workers
Joseph R. Biden
Day: 6
January 22, 2021
Executive Order-Protecting the Federal Workforce
Joseph R. Biden
Day: 3
January 22, 2021
Executive Order-Economic Relief Related to the COVID-19 Pandemic
Joseph R. Biden
Day: 3
January 21, 2021
Executive Order-Sustainable Public Health Supply Chain
Joseph R. Biden
Day: 2
January 21, 2021
Executive Order-Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers
Day: 2
January 21, 2021
Executive Order-Protecting Worker Health and Safety
Joseph R. Biden
Day: 2
January 21, 2021
Executive Order 13998—Promoting COVID-19 Safety in Domestic and International Travel
Joseph R. Biden
Day: 2
January 21, 2021
Executive Order 13997—Improving and Expanding Access to Care and Treatments for COVID-19
Joseph R. Biden
Day: 2
January 21, 2021
Executive Order 13996—Establishing the COVID-19 Pandemic Testing Board and Ensuring a Sustainable Public Health Workforce for COVID-19 and Other Biological Threats
Joseph R. Biden
Day: 2
January 21, 2021
Executive Order 13995—Ensuring an Equitable Pandemic Response and Recovery
Joseph R. Biden
Day: 2
January 21, 2021
Executive Order 13994—Ensuring a Data-Driven Response to COVID-19 and Future High-Consequence Public Health Threats
Joseph R. Biden
Day: 2
January 20, 2021
Executive Order 13993—Revision of Civil Immigration Enforcement Policies and Priorities
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13992—Revocation of Certain Executive Orders Concerning Federal Regulation
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13991—Protecting the Federal Workforce and Requiring Mask-Wearing
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13990—Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13989—Ethics Commitments by Executive Branch Personnel
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13988—Preventing and Combating Discrimination based on Gender Identity or Sexual Orientation
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13987—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
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13986—Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census
Joseph R. Biden
Day: 1
January 20, 2021
Executive Order 13985—Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
Joseph R. Biden
Day: 1
Donald J. Trump
Chart 1 Range:
Day 30: February 18, 2017
Day 1: January 20, 2017
February 09, 2017
Executive Order 13776—Task Force on Crime Reduction and Public Safety
Donald J. Trump
Day: 21
February 09, 2017
Executive Order 13775—Providing an Order of Succession Within the Department of Justice
Donald J. Trump
Day: 21
February 09, 2017
Executive Order 13774—Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers
Donald J. Trump
Day: 21
February 09, 2017
Executive Order 13773—Enforcing Federal Law With Respect to Transnational Criminal Organizations and Preventing International Trafficking
Donald J. Trump
Day: 21
February 03, 2017
Executive Order 13772—Core Principles for Regulating the United States Financial System
Donald J. Trump
Day: 15
January 30, 2017
Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs
Donald J. Trump
Day: 11
January 28, 2017
Executive Order 13770—Ethics Commitments by Executive Branch Appointees
Donald J. Trump
Day: 8
January 27, 2017
Executive Order 13769—Protecting the Nation From Foreign Terrorist Entry Into the United States
Donald J. Trump
Day: 8
January 25, 2017
Executive Order 13768—Enhancing Public Safety in the Interior of the United States
Donald J. Trump
Day: 6
January 25, 2017
Executive Order 13767—Border Security and Immigration Enforcement Improvements
Donald J. Trump
Day: 6
January 24, 2017
Executive Order 13766—Expediting Environmental Reviews and Approvals for High-Priority Infrastructure Projects
Donald J. Trump
Day: 5
January 20, 2017
Executive Order 13765—Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal
Donald J. Trump
Day: 1
President Barrack Obama - Term 2
Chart 1 Range
Day 30: February 18, 2013
Day 1: January 20, 2013
February 12, 2013
Executive Order 13636—Improving Critical Infrastructure Cybersecurity
Barack Obama
Day: 24
President Barrack Obama - Term 1
Chart 1 Range
Day 30 Date: February 18, 2009
Day 1 Date: January 20, 2009
February 06, 2009
Executive Order 13502—Use of Project Labor Agreements for Federal Construction Projects
Barack Obama
Day: 18
February 06, 2009
Executive Order 13501—Establishing the President's Economic Recovery Advisory Board
Barack Obama
Day: 18
February 05, 2009
Executive Order 13500—Further Amendments to Executive Order 12859, Establishment of the Domestic Policy Council
Day: 17
February 05, 2009
Executive Order 13499—Further Amendments to Executive Order 12835, Establishment of the National Economic Council
Barack Obama
Day: 17
February 05, 2009
Executive Order 13498—Amendments to Executive Order 13199 and Establishment of the President's Advisory Council for Faith-Based and Neighborhood Partnerships
Barack Obama
Day: 17
January 30, 2009
Executive Order 13496—Notification of Employee Rights Under Federal Labor Laws
Barack Obama
Day: 11
January 22, 2009
Executive Order 13493—Review of Detention Policy Options
Barack Obama
Day: 3
January 22, 2009
Executive Order 13492—Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities
Barack Obama
Day: 3
January 22, 2009
Executive Order 13491—Ensuring Lawful Interrogations
Barack Obama
Day: 3
January 21, 2009
Executive Order 13490—Ethics Commitments by Executive Branch Personnel
Barack Obama
Day: 2
January 21, 2009
Executive Order 13489—Presidential Records
Barack Obama
Day: 2
George W. Bush - Term 2
Chart 1 Range
Day 30 Date: February 18, 2005
Day 1 Date: January 20, 2005
February 16, 2005
Executive Order 13372—Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions
George W. Bush
Day: 28
January 27, 2005
Executive Order 13371—Amendments to Executive Order 13285, Relating to the Presidents Council on Service and Civic Participation
George W. Bush
Day: 8
George W. Bush - Term 1
Chart 1 Range
Day 30 Date: February 18, 2001
Day 1 Date: January 20, 2001
February 17, 2001
Executive Order 13204—Revocation of Executive Order on Nondisplacement of Qualified Workers Under Certain Contracts
George W. Bush
Day: 29
February 17, 2001
Executive Order 13203—Revocation of Executive Order and Presidential Memorandum Concerning Labor-Management Partnerships
George W. Bush
Day: 29
February 17, 2001
Executive Order 13202—Preservation of Open Competition and Government Neutrality Towards Government Contractors Labor Relations on Federal and Federally Funded Construction Projects
George W. Bush
Day: 29
February 17, 2001
Executive Order 13201—Notification of Employee Rights Concerning Payment of Union Dues or Fees
George W. Bush
Day: 29
February 11, 2001
Executive Order 13200—Presidents Information Technology Advisory Committee, Further Amendment to Executive Order 13035, as Amended
George W. Bush
Day: 23
January 29, 2001
Executive Order 13199—Establishment of White House Office of Faith-Based and Community
George W. Bush
Day: 10
January 29, 2001
Executive Order 13198—Agency Responsibilities With Respect to Faith-Based and Community
George W. Bush
Day: 10
Comentarios