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Trump's Executive Order Against Trans People Technically Makes Every American Female
(www.iflscience.com)
this post was submitted on 22 Jan 2025
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I'm trying to wrap my head around how executive orders work. I'm not American.
Can someone explain what's the legal process compared to a bill for example?
A policy applied to federal agencies on the whims of the executive/administration (president+staff). (FBI, CIA, DHS, ICE, TSA, HHS, FDA, so forth...)
Does not impact state law, judicials, or enforcement agencies. Though many of these do take their lead from federal guidelines to some degree, especially at the police and sheriff level.
This will be sued over constitutionality in the courts
Stacked courts will probably claim it's constitutional
Up to Congress to specifically and independently say it's unconstitutional. This Congress will probably not do that
IF there's another election, and the term limit is still adhered to, the next administration may chose to revoke it or alter it assuming they have differing policies.
Rinse and repeat.
[Edits: clarification and structure]
Is there a process to make them official? Like is there a vote on them by Congress or something? Or are they automatically applied?
They are applied with effect based on how they're written. They are "Official" but they can't change the writing of the constitution. Another administration can immediately revoke them as he has with many of biden's. The courts can only change how the constitution is interpreted. Congress needs to pass an amendment to change the constitution.
They're not laws... The president is the head of the "executive branch" which has a number of federal departments that execute the laws passed by the legislature.
Executive orders are basically "memos" from the president that direct those departments on how to operate since the laws don't typically get into too much detail about the specifics.
These orders apply only to federal offices, he has no authority over private business or state governments without passing a law.