Policy Backgrounder: The Types of Presidential Actions
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The first few months of the second Trump Administration have seen a very large number of Presidential actions, continuing a trend but expanding it and extending its impact on reach. This Explainer discusses the various types of Presidential actions, how they have been used, how the system of checks and balances between the three Branches of government is designed to work, and trends in the issuance and purpose of Executive Orders.

Key Insights

  • Broadly speaking, there are four types of Presidential actions – true Executive Orders, Presidential Memoranda, National Security Directives, and Proclamations. Each has different purposes.
  • While there is a clear trend towards greater use of Executive Orders this century, the second Trump Administration has accelerated that trend. Part of the reason for the greater use of Executive Orders is that Congress has passed fewer laws, particularly at the beginning of Presidents’ terms.
  • Many Executive Orders have been subject to litigation, including on whether the use of the authority is sufficiently grounded in the Constitution or a statute.

The Types of Presidential Actions

May 27, 2025

The first few months of the second Trump Administration have seen a very large number of Presidential actions, continuing a trend but expanding it and extending its impact on reach. This Explainer discusses the various types of Presidential actions, how they have been used, how the system of checks and balances between the three Branches of government is designed to work, and trends in the issuance and purpose of Executive Orders.

Key Insights

  • Broadly speaking, there are four types of Presidential actions – true Executive Orders, Presidential Memoranda, National Security Directives, and Proclamations. Each has different purposes.
  • While there is a clear trend towards greater use of Executive Orders this century, the second Trump Administration has accelerated that trend. Part of the reason for the greater use of Executive Orders is that Congress has passed fewer laws, particularly at the beginning of Presidents’ terms.
  • Many Executive Orders have been subject to litigation, including on whether the use of the authority is sufficiently grounded in the Constitution or a statute.

Download Article

Authors

David K. Young

David K. Young

President

Read BioDavid K. Young

John Gardner

John Gardner

Vice President, Public Policy

Read BioJohn Gardner

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