In the first six months of his second term, President Donald Trump has set a new benchmark for the use of executive orders, proclamations and emergency declarations, surpassing all previous presidents since Franklin D. Roosevelt in both pace and scope. Historically, executive orders have served as tools for presidents to direct the operations of the federal government, but Trump’s prolific use is redefining their role in American governance as he seeks to shift the balance of power away from the legislative and judicial branches and toward the executive.
As society experiences the weight of this sweeping change, Foley Hoag determined to provide the public with a convenient tool to understand how each executive action is reshaping government. We launched the Federal Actions Tracker on Trump’s 100-day mark, and have been updating it weekly since. The tracker now covers 300 actions (and counting) taken by the President and his Administration. As a firm that prides itself on innovation, we were pleased when Fast Company recognized the tracker amongst a handful of transparency initiatives nationwide.
Presidents have traditionally issued executive orders to address urgent matters or clarify existing laws. Roosevelt, who holds the record for the most executive orders overall, averaged about 307 per year as he led the nation through the crises of the Great Depression and World War II. Roosevelt’s prolific use helped to deliver a lasting form of federal government through a New Deal that would put Americans to work, modernize the nation, and prepare the military to fight fascism. Notably, FDR’s 99 executive orders in his first 100 days was matched by an equally prolific Congress, which enacted 80 laws over the same period. Tense politics then did not stand in the way of a functioning government.
Trump is outpacing Roosevelt and all other presidents on executive actions, with 142 in his first 100 days. He is doing so without Congress, which enacted a mere six laws over the same period-- the fewest during any president’s first 100 days in seven decades. His actions appear designed to significantly alter the modernized federal government that Roosevelt ably built, and every succeeding president respected.
Trump has used EOs, proclamations and emergency declarations to eliminate federal agencies like USAID, withdraw from international climate agreements, target law firms and universities for diversity practices, revoke birthright citizenship, strip individual security clearances, set (and then reverse course on) tariffs, and deploy the military for domestic security operations. This aggressive use of executive authority has caused many to sound Constitutional alarm bells, and it has enabled the president to bypass Congress on many key issues as he implements his America First agenda. Thus far, Congress has done little to impede the President’s efforts.
Federal courts have largely served as the primary check on the executive, with over 220 lawsuits filed over the first 100 days. Multiple injunctions and temporary restraining orders are in place regarding the revocation of birthright citizenship, mass firings of federal workers, impermissible access to sensitive data, and agency freezes of climate funds, to name a few. Most cases are in the early stages of litigation, but a handful are on appeal. The most consequential test will be the extent to which the executive will abide by judicial rulings. As Defense Secretary Hegseth testified in a Senate hearing on June 18 on the use of military for domestic police work, “I don't believe district courts should be determining national security policy. When it goes to the Supreme Court, we'll see.”
The sea change in governance carries significant consequences for citizens, businesses, the balance of power in Washington and the long-term implications for American democracy. Citizens may feel increasingly disconnected from the policymaking process, as their elected representatives in Congress are sidelined. Businesses face heightened uncertainty, as regulations and policies can change rapidly with each new executive order, making long-term capital and regulatory planning difficult if not impossible. Take it from the U. S. Chamber of Commerce: to grow and thrive, businesses need reassurance that they can operate without fear of unnecessary policy and regulatory changes from the government.
Unfortunately, Foley Hoag’s Federal Actions tracker will not resolve the great challenges that the nation is facing, but it will help shine a light on specific changes that are impacting individuals and businesses. “Knowledge itself is power,” said Sir Francis Bacon. That seems like a good place to start.
