Significant Presidential Executive Orders

Why This Matters

Executive orders represent one of the president's most powerful unilateral tools—and understanding them means understanding the balance of power in American government. You're being tested on how presidents use executive authority to bypass Congress, respond to crises, and shape policy without legislation. These orders reveal the tension between executive power, civil liberties, national security, and federalism that runs through every AP Government exam.

Don't just memorize which president signed what order. Know why each order matters constitutionally: Does it expand executive power? Does it raise civil liberties concerns? How did courts or Congress respond? The FRQ writers love asking you to compare presidential actions or evaluate whether an executive order overstepped constitutional boundaries. Master the concepts behind these orders, and you'll be ready for anything.

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Crisis Response and National Security

When presidents face emergencies—war, terrorism, economic collapse—they often claim expanded authority through executive orders. The constitutional basis is typically the president's role as Commander-in-Chief or the duty to "take care that the laws be faithfully executed." These orders test the limits of emergency powers.

Executive Order 9066 (Japanese American Internment)

• Authorized forced relocation of 120,000 Japanese Americans during World War II—the most significant wartime civil liberties violation in modern U.S. history
• Upheld by the Supreme Court in Korematsu v. United States (1944)—a decision later formally repudiated but never technically overruled
• Demonstrates unchecked executive power during crisis—Congress provided no authorization, yet courts deferred to military judgment on national security

Executive Order 13228 (Homeland Security)

• Created the Office of Homeland Security immediately after September 11, 2001—using executive authority to reorganize national defense priorities
• Coordinated 22 federal agencies under a single mission to prevent terrorism and manage emergency response
• Led directly to congressional action—Congress formalized the structure by creating the Department of Homeland Security in 2002, showing how executive orders can prompt legislation

Executive Order 13769 (Travel Ban)

• Restricted entry from seven predominantly Muslim countries—issued by President Trump in January 2017 citing national security concerns
• Faced immediate judicial review—federal courts blocked early versions, demonstrating checks and balances on executive immigration authority
• Ultimately upheld in modified form by the Supreme Court in Trump v. Hawaii (2018)—courts gave significant deference to presidential national security claims

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Civil Rights and Equal Opportunity

Presidents have used executive orders to advance civil rights when Congress failed to act—or to build on legislative victories. These orders derive authority from the president's power over the executive branch and federal contracting.

Executive Order 9981 (Desegregation of the Military)

• Mandated integration of the U.S. Armed Forces—signed by President Truman in 1948, six years before Brown v. Board of Education
• Bypassed a segregationist Congress—Truman used his Commander-in-Chief authority when legislation was politically impossible
• Set precedent for executive action on civil rights—demonstrated that presidents could advance equality without waiting for Congress or the courts

Executive Order 10925 (Affirmative Action)

• Introduced the term "affirmative action" into federal policy—signed by President Kennedy in 1961
• Required federal contractors to actively recruit minorities—moved beyond mere non-discrimination to proactive inclusion
• Created the Committee on Equal Employment Opportunity—established enforcement mechanisms for workplace equality

Executive Order 11246 (Equal Employment Opportunity)

• Expanded affirmative action requirements to prohibit discrimination based on race, color, religion, sex, and national origin
• Established the Office of Federal Contract Compliance Programs (OFCCP)—gave the policy permanent enforcement infrastructure
• Applies to approximately 25% of the U.S. workforce—federal contractors and subcontractors must demonstrate compliance or lose government business

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Economic and Regulatory Policy

Presidents shape the economy through executive orders governing federal agencies, contractors, and regulatory processes. These orders reflect different philosophies about government's role in markets and worker protection.

Executive Order 12291 (Regulatory Review)

• Required cost-benefit analysis for all major federal regulations—signed by President Reagan in 1981 as part of his deregulation agenda
• Centralized regulatory oversight in the Office of Management and Budget (OMB)—gave the White House control over agency rulemaking
• Reflected free-market conservative philosophy—regulations must prove economic benefits outweigh costs before implementation

Executive Order 13658 (Federal Minimum Wage Increase)

• Raised minimum wage for federal contractors to $10.10 per hour—signed by President Obama in 2014 when Congress refused to act
• Demonstrated "pen and phone" strategy—using executive authority to achieve policy goals blocked by legislative gridlock
• Limited scope but symbolic significance—affected only federal contract workers but signaled support for broader minimum wage increases

Executive Order 11110 (Silver Certificates)

• Authorized Treasury to issue silver certificates backed by silver bullion—signed by President Kennedy in 1963
• Aimed to manage the transition away from silver-backed currency—a technical monetary policy adjustment, not a challenge to the Federal Reserve
• Often mischaracterized in conspiracy theories—actually delegated existing presidential authority to the Treasury Secretary

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Controversial and Contested Orders

Some executive orders generate intense political opposition, legal challenges, or implementation failures. These cases reveal the practical limits of presidential power.

Executive Order 13492 (Closure of Guantanamo Bay)

• Ordered closure of the Guantanamo detention facility within one year—signed by President Obama on his second day in office (2009)
• Congress blocked implementation by prohibiting transfer of detainees to U.S. soil—demonstrating legislative checks on executive power
• Facility remains open today—illustrates that executive orders cannot overcome determined congressional opposition, especially regarding funding

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Quick Reference Table

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Self-Check Questions

1. Which two executive orders both restricted civil liberties in the name of national security, and how did judicial responses to them differ?

2. Executive Orders 10925 and 11246 both addressed workplace discrimination. What constitutional basis did presidents use for these orders, and why didn't they require congressional approval?

3. Compare Executive Order 12291 and Executive Order 13658. What do they reveal about how different presidents view the relationship between government and the economy?

4. Why did Executive Order 13492 (Guantanamo closure) fail while Executive Order 9981 (military desegregation) succeeded? What does this tell you about the limits of executive power?

5. FRQ Practice: A president issues an executive order restricting immigration from certain countries, citing national security. Identify one constitutional power the president could claim as justification, explain one way Congress could respond, and describe how the judicial branch might evaluate the order's constitutionality.