USA Today called presidential memoranda “ Executive orders by another name” that are “not numbered” and “not indexed,” Memoranda may or may not be published, depending on a president's determination of “general applicability and legal effect.” That makes it tricky to count them.Įxecutive decrees issued in today's era of activist government have different implications from those issued in a limited government context, that of our abandoned federalist system with power decentralized to states and individuals. The White House press office lists an even greater number that includes some not published in the Federal Register.ĭespite being the most mentioned in policy debate, executive orders are not (yet) the fountain from which most big decrees issue, rather, presidential memoranda are where the real action is. In keeping with the nanny state ethic, the president even issued an executive order enabling the federal government, as helicopter parent, to better regulate us with behavioral science.Īs of the end of 2015, President Obama had issued 242 executive orders according to the Federal Register office, 29 of them in 2015. The same holds for orders on cybersecurity information sharing and sanctions on individuals allegedly engaged in malicious cyber activity, both controversial for potential effects on privacy as well as for not passing through Congress. Most E.O.s are not regulatory in nature but for those that are, the complexity of overturning them grows as Washington administers everything, as what was once private or local or state activity gets absorbed, Borg-like, into D.C.'s federal machinery.Įxamples include President Obama’s executive order for a minimum wage for federal contractors and a Non-Retaliation for Disclosure of Compensation Information, which are among E.O.s that will reverberate for private firms that deal with the government - and eventually those that don't.
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