Executive Orders

However, there are limitations on these powers.

·    The president has to show that their use is directing the executive branch in a manner that does not fall under the legislative role of Congress. This can and has been reviewed by the courts. While the vast majority of executive orders remain intact, some are blocked, as the 2016 case study below shows.

·    There can be strong public and congressional outcry — and presidents have to be mindful of their popularity if they are to maintain power. Excessive use of executive orders may actually undermine a president's ability to make deals with Congress.

Obama created two schemes using executive orders:

·    Deferred Action for Childhood Arrivals (DACA), which let undocumented immigrants to the United States who entered the country before their 16th birthday be exempt from deportation.

·    Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which gave a right-to-remain to people who entered the US before 2010 and have children who are either American citizens or lawful permanent residents.

The scope of these executive orders was broad, and Congress had already rejected Obama's requests for comprehensive immigration reform in both his first and second term. As such theseorders undermined traditional constitutional relations and allowed the president to achieve his policy goals while ignoring Congress.

Obama's attempted extension of DACA was blocked by the courts in 2016 with a 4-4 divided court effectively upholding the block imposed by a lower court ruling.

An executive order has to work within the confines of the law, with, in theory, each one "reviewed by the Office of Legal Counsel for form and legality". This does not always happen.

If an order is deemed to stray outside the boundaries of what is acceptable, it can be subject to a legal review.

Congress can also pass a law to override the executive order, but a president still has a veto over that law.