Hello, Reader.
We're hearing a lot about executive orders these days, and for good reason: Since taking office on January 20, 2025, President Trump has signed more than 75 executive orders.
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To put this in perspective, presidents sign an average of 216 executive orders over the course of a single, four-year term. [1]
So what are the origins of the presidential executive order in the United States?
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A Historical Perspective: The Origins of Executive Orders in the United States
πΌοΈ The Big Picture: President George Washington issued the first executive order in United States history on June 8, 1789. This order requested department heads to draft and send detailed operational reports about their departments.
βοΈ Why It Mattered: Washington's directive established the president's authority to manage the executive branch and communicate directly with department leaders, a practice that has evolved into the modern executive order system.
πΊπΈ Evolution Over Time: Subsequent presidents have used executive orders to address various issues. For instance, Abraham Lincoln issued his Emancipation Proclamation (January 1, 1863) as an executive order and Harry S. Truman issued Executive Order 9981 (July 26, 1948), which ordered the desegregation of the United States military. Both examples demonstrate the significant ways executive orders can impact the United States and its history.
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π Go Deeper: The Development of Executive Power
Article II, Section I of the U.S. Constitution grants the president "executive power," but it doesn't explicitly mention executive orders. [2]
Given his experience as Commander-in-Chief of the Continental Army, President George Washington understood that executive work sometimes needed to include actions the Constitution left undefined. Issuing an executive order stands as one of these undefined actions.
On June 8, 1789, Washington issued the first executive order in United States history. This first order directed the outgoing cabinet secretaries of the Confederation Congress (they stayed in office until Washington selected and the Senate confirmed his cabinet secretaries) to provide him with "a clear account of the Department at the head of which you have been, as may be sufficient...to impress me with a full, precise and distinct general idea of the United States."[3]
Over the course of his eight-year presidency, Washington issued eight executive orders.
In the early years of the republic, presidents used executive orders sparingly, often for administrative tasks. However, as the nation grew and faced complex challenges, the scope and frequency of executive orders expanded.
The Judicial Branch has occasionally checked the use of executive orders, especially when they appear to overstep legislative authority. This dynamic illustrates the ongoing balance of power among the three branches of government (Legislative, Executive, and Judicial).
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π§ Tune In For More
To dive deeper into the intricate history of executive power in the new United States, check out these episodes of Ben Franklinβs World:
- Lindsay M. Chervinsky discusses the creation of the Cabinet in Episode 279 and investigates the "precedents that forged the republic" during the presidency of John Adams in Episode 403.β
- Join Kate Elizabeth Brown for an exploration of Alexander Hamilton's role in developing American law, which influences the scope of executive power, in Episode 180.
- Go deep into how the founders drafted the United States Constitution with Michael Klarman in Episode 143.β
These conversations offer valuable insights into the development of executive power in the early United States.
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π§ Share Your Thoughts!
Executive orders have shaped American policy since the nation's founding.
If you could ask President George Washington about his first executive directive, what question(s) would you ask him?
Join the conversation-- just hit βReplyβ to share your thoughts or post a question.
Or join our Facebook community to connect with fellow history lovers.
Cheers,
βLiz Covartβ
Host, Ben Franklinβs World
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π End Notes
[1] USAFacts, "How many executive orders has each president signed?" https://usafacts.org/articles/how-many-executive-orders-has-each-president-signed/, accessed February 11, 2025.
[2] United States National Archives, "The Constitution of the United States: A Transcription," https://www.archives.gov/founding-docs/constitution-transcript, accessed February 11, 2025.
[3] Lindsay M. Chervinsky, "The Executive Order: A History of Its Rise and Slow Decline," Governing, April 8, 2021, https://www.governing.com/now/the-executive-order-a-history-of-its-rise-and-slow-decline.html, accessed February 11, 2025.
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π Further Reading
Lindsay M. Chervinsky, The Cabinet: George Washington and the Creation of an American Institution, (Cambridge, MA: Belknap Press, 2020).
Lindsay M. Chervinsky, Making the Presidency: John Adams and the Precedents that Forged the Republic, (New York: Oxford University Press, 2024).
Max M. Edling & Peter J. Kastor, editors, Washington's Government: Charting the Origins of the Federal Administration, (Charlottesville, VA: University of Virginia Press, 2021).
Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era, (Cambridge, MA: Belknap Press, 2018).
Michael J. Klarman, The Framers' Coup: The Making of the United States Constitution, (New York: Oxford University Press, 2016).
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