Skip to content
Search

Latest Stories

Top Stories

Biden follows Trump’s lead in expanding use of executive orders

President Biden signs executive order on police reform

President Biden signs an executive order establishing new federal policing rules.

Jim Watson/AFP via Getty Images

President Biden continued his extensive use of executive orders on Wednesday, taking action on police procedures on the second anniversary of George Floyd’s death. Executive orders have become increasingly common as a polarized Congress has been unable to move legislation.

Such presidential actions have historically been used for two reasons, according to public policy strategist Meredith McGehee: in the face of a crisis that demands quick action, such as the attack on Pearl Harbor, or in response to a “do nothing” Congress.

And with the Senate evenly – and bitterly – divided, very few bills make it to the president’s desk these days.


The occupants of the Oval Office don’t want to use executive orders but sometimes have little choice, said congressional scholar Norman Ornstein, who has studied the legislative branch for decades.

“Most presidents, even if they have the ability to use executive power, would prefer to do it legislatively, ” he said, explaining that legislation action is more durable.

Police reform is the latest example of a president stepping in when the legislative process doesn’t produce his desired result. Since Floyd died at the hands of police officers, sparking nationwide protests and a renewed spotlight on police brutality towards Black Americans, Democrats have twice tried and failed to pass legislation.

Sign up for The Fulcrum newsletter

Bipartisan talks began, but soon hit a wall as the two parties could not reach a compromise. The House passed the George Floyd Justice in Policing Act in March 2021, but failed to move through the polarized Senate. Biden claimed that Republican senators “rejected enacting modest reforms, which even the previous president had supported, while refusing to take action on key issues that many in law enforcement were willing to address.”

Now, Biden has taken matters into his own hands, although it only applies to federal policing. His executive order establishes a national registry of officers fired for misconduct, mandates that all officers wear body cameras, and restricts transfers of military equipment to law enforcement agencies. It also includes incentives for state and local agencies to employ these protections and encourages them to follow the Justice Department’s restrictions on chokeholds and “no knock” warrants. The national registry, limits on chokeholds and no-knock warrants, and body camera requirements were all part of the Floyd bill.

Ornstein explains that, while this order is very limited to federal agencies, it can impact the ways that state and local law enforcement operate. In addition to the incentives, it may create more opportunities for the Justice Department to take control of police departments when they have violated certain standards.

Executive orders were utilized extensively in the first half of the 20th century — Franklin Delano Roosevelt used them more often than any other president, averaging 307 per year. However, its usage has declined steeply. Since Jimmy Carter’s average of 80 executive orders per year 40 years ago, no presidents have averaged more than 48. That is, until the past two presidents. Donald Trump signed 55 orders per year, while Biden has so far averaged 67. These numbers parallel increased polarization in Congress.

Made with Flourish

“Whenever the Congress is so closely divided, there are all the incentives in the world for the executive, in this case the president, to issue executive orders. This happens very frequently when there is an inability by one party or the other to break a filibuster with 60 votes,” said McGehee, who was executive director of the crosspartisan advocacy group Issue One before launching her own consulting firm. “The biggest change [in recent years] is that the nature of our politics has changed, in that the post-World War II consensus between Republicans and Democrats has imploded.”

Ornstein, senior fellow emeritus at the American Enterprise Institute, echoes this notion that growing polarization has led to more executive orders. “What we’ve seen, fundamentally, since the Obama presidency, is that you can’t count on votes from the party that is not the president’s party.”

Ornstein also mentioned another important consideration when it comes to executive orders: the Supreme Court. He describes how the current court, controlled by conservatives, showed a willingness to allow greater executive power when there was a Republican president, but is now curtailing that power. In addition, he believes the court has begun limiting the power of the federal government in general, which will have an effect on how much Biden and his successors can utilize executive orders.

Read More

Washington County’s Plan to Revive The American Dream

Cut outs of a family and a home.

Getty Images, Bernie_photo

Washington County’s Plan to Revive The American Dream

Resist the urge to publish the American Dream’s obituary. It’s alive, though unwell. It’s no secret that the hallmarks of the dream have become unreachable for many Americans. Homeownership seems impossible in communities. Marriage rates have dropped. Families have shrunk. Even lifespans are on the decline. The dream’s vital signs are cause for immense concern. There are signs of life—Washington County, Wisconsin is testing two remedies that might just revive the dream there and across the country.

Just north of Milwaukee, Washington County is—in many ways—a surprising source of hope. It faces no shortage of challenges. As County officials will tell you, they’re struggling to hold on to their community members. Too few homes, too few jobs, and too few community connections led many residents to look for another place to call home. County Executive Josh Schoemann, however, refused to let the dream die in his community. He and others joined together to brainstorm novel cures for the disease eating away at prosperity.

Keep ReadingShow less
Congress Bill Spotlight: Make Greenland Great Again Act

Aappilattoq fishing village, South Greenland.

Getty Images, Posnov

Congress Bill Spotlight: Make Greenland Great Again Act

The Fulcrum introduces Congress Bill Spotlight, a weekly report by Jesse Rifkin, focusing on the noteworthy legislation of the thousands introduced in Congress. Rifkin has written about Congress for years, and now he's dissecting the most interesting bills you need to know about, but that often don't get the right news coverage.

President Donald Trump wants the U.S. to control Greenland. A bill in Congress could help.

Keep ReadingShow less
Connecticut lawmakers consider new bill to ban female genital mutilation/cutting

Every U.S. state needs a comprehensive law against female genital mutilation and cutting.

U.S. End FGM/C Network and Equality Now

Connecticut lawmakers consider new bill to ban female genital mutilation/cutting

Optimism is growing that a new Bill in Connecticut will lead to the introduction of a statewide ban against female genital mutilation/ cutting (FGM/C). Thousands of women and girls across the state have undergone or are at risk of this harmful practice. Despite this, Connecticut remains one of just nine U.S. states that still lack state-level legal protections—something advocates hope this legislation will finally change.

Survivors and others from impacted communities, alongside women’s rights advocates and civil society organizations - including the U.S. Network to End FGM/C, Sahiyo, Equality Now, and the Connecticut General Assembly’s Commission on Women, Children, Seniors, Equity, and Opportunity - have long called for state legislation against FGM/C in Connecticut, citing how a law would help those at risk and their families resist cultural and social pressures to continue the practice.

Keep ReadingShow less
Anti-LGBTQ+ policies harm the health of not only LGBTQ+ people, but all Americans

Courts across the nation are debating whether LGBTQ+ people should be protected from discrimination.

Anti-LGBTQ+ policies harm the health of not only LGBTQ+ people, but all Americans

In 2024, state legislatures introduced an all-time record of 533 bills targeting LGBTQ+ populations. These policies create a patchwork of legal landscapes that vary widely between and within states, affecting aspects of everyday life ranging from how kids learn and play to where adults live and work.

All of these policies have implications for the health of not only LGBTQ+ people but also the general public.

Keep ReadingShow less