Key Executive Orders

Why This Matters

Executive orders represent one of the president's most powerful unilateral tools—the ability to direct federal policy without congressional approval. You're being tested on more than just what each order did; the AP exam wants you to understand how executive orders expand presidential power, when they face constitutional limits, and why different presidents have used them to achieve goals that might have stalled in Congress. These orders illustrate core concepts like checks and balances, federalism, civil liberties versus national security, and the growth of the administrative state.

Don't just memorize dates and names. For each executive order below, know what constitutional tension it represents, whether it expanded or tested the limits of executive authority, and how it connects to broader patterns in American government. When an FRQ asks about presidential power or civil rights policy, these orders are your go-to examples.

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Civil Rights and Equal Protection

The president's power to advance civil rights through executive action—without waiting for Congress—demonstrates how the executive branch can shape social policy. These orders often filled gaps where legislative action was blocked or delayed, raising questions about democratic accountability versus effective governance.

Executive Order 9981 (Desegregation of the Military)

• Issued by Truman in 1948—ended racial segregation in the U.S. Armed Forces seven years before Brown v. Board of Education
• Bypassed congressional opposition from Southern Democrats who blocked civil rights legislation; demonstrated executive power to reform federal institutions directly
• Created precedent for executive-led civil rights action—showed future presidents they could advance equality without waiting for Congress

Executive Order 10730 (Desegregation of Little Rock Schools)

• Eisenhower deployed federal troops in 1957—sent the 101st Airborne to enforce integration at Central High School after Arkansas Governor Faubus defied federal court orders
• Federalism in action—demonstrated that federal authority supersedes state resistance when constitutional rights are at stake
• Enforced Brown v. Board of Education—showed the executive branch's role in implementing Supreme Court decisions, illustrating checks and balances across branches

Executive Order 11246 (Affirmative Action)

• Issued by LBJ in 1965—required federal contractors to take "affirmative action" to ensure equal employment regardless of race, color, religion, sex, or national origin
• Extended executive reach into private sector—used federal contracting power to influence hiring practices beyond government agencies
• Addressed systemic discrimination—moved beyond formal legal equality to promote substantive workplace diversity, sparking ongoing debates about government's proper role

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National Security and Emergency Powers

Presidents have historically claimed broad authority during crises, often stretching constitutional limits. These orders reveal the tension between executive efficiency in emergencies and protection of civil liberties—a recurring AP exam theme.

Executive Order 9066 (Japanese-American Internment)

• FDR authorized internment of 120,000 Japanese Americans in 1942—two-thirds were U.S. citizens, relocated to camps based solely on ancestry
• Upheld in Korematsu v. United States (1944)—Supreme Court deferred to executive wartime judgment, though the decision is now widely condemned as a civil liberties failure
• Led to formal apology and reparations in 1988—demonstrates how executive overreach can later be recognized and partially remedied through legislative action

Executive Order 13228 (Homeland Security)

• Bush created the Office of Homeland Security in 2001—immediate response to 9/11 attacks, later formalized as a cabinet department by Congress in 2003
• Expanded executive branch infrastructure—demonstrated how crisis can permanently grow federal bureaucracy and presidential control over domestic security
• Raised civil liberties concerns—enhanced surveillance and security powers sparked debates about privacy rights that continue today

Executive Order 13769 (Travel Ban)

• Trump restricted entry from seven Muslim-majority countries in 2017—sparked immediate protests and legal challenges citing religious discrimination
• Tested judicial review of executive power—courts initially blocked the order; a revised version was upheld by the Supreme Court in Trump v. Hawaii (2018)
• Illustrates checks and balances—showed how courts can constrain executive orders, even on national security grounds, though deference to the president often prevails

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Economic Policy and Regulation

Executive orders allow presidents to shape economic policy through their control of federal agencies and contractors. These orders illustrate the president's role as administrator-in-chief and the tension between regulatory efficiency and democratic accountability.

Executive Order 6102 (Gold Confiscation)

• FDR required citizens to surrender gold holdings in 1933—aimed to end gold hoarding during the Great Depression and allow monetary expansion
• Dramatic assertion of economic emergency power—fundamentally altered the relationship between citizens and currency, later formalized by Congress
• Enabled departure from gold standard—gave the federal government greater control over monetary policy during economic crisis

Executive Order 12291 (Regulatory Review)

• Reagan required cost-benefit analysis for regulations in 1981—federal agencies must justify that benefits outweigh costs before implementing new rules
• Created OIRA oversight—the Office of Information and Regulatory Affairs gained power to review and delay regulations, centralizing control in the White House
• Shifted regulatory philosophy—institutionalized skepticism toward regulation that persists across administrations, illustrating how executive orders can reshape the administrative state

Executive Order 13658 (Federal Minimum Wage Increase)

• Obama raised contractor minimum wage to $10.10 in 2014—used federal purchasing power to influence wages when Congress blocked broader minimum wage legislation
• Demonstrated "pen and phone" strategy—showed how presidents can achieve policy goals through executive action when facing congressional gridlock
• Limited but symbolic reach—affected only federal contractors, illustrating both the power and constraints of unilateral executive action

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Environmental and International Policy

Presidents increasingly use executive orders to set foreign policy direction and address issues like climate change. These orders are particularly vulnerable to reversal by subsequent administrations, raising questions about policy stability and democratic legitimacy.

Executive Order 13990 (Rejoining Paris Climate Agreement)

• Biden reversed Trump's withdrawal on his first day in 2021—signaled renewed U.S. commitment to international climate cooperation
• Illustrates executive order vulnerability—climate policy has now shifted with each administration, demonstrating how easily orders can be undone
• Bypassed Senate treaty process—the Paris Agreement was structured to avoid requiring Senate ratification, allowing presidents to join or leave unilaterally

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Quick Reference Table

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Self-Check Questions

1. Which two executive orders were later reviewed by the Supreme Court in cases involving national security and discrimination claims? What were the outcomes, and how do they compare?

2. Identify three executive orders that advanced civil rights. For each, explain whether the president acted proactively or in response to another branch's action.

3. Compare EO 12291 and EO 13658: How do they represent different philosophies about the federal government's role in the economy?

4. If an FRQ asked you to explain how executive orders demonstrate both the power and limits of presidential authority, which two orders would you choose as contrasting examples? Why?

5. Which executive order best illustrates the tension between federalism and civil rights enforcement? What constitutional principle did it reinforce?