1. VIDEO OVERVIEW

Title: “Executive Order Drafting & Implementation”

Runtime: 45:26

Speaker: Steven G. Bradbury

YouTube: Project 2025 Private Training Video: Executive Orders (Transcript)

This video, part of Project 2025’s Presidential Administration Academy, focuses on the power and utility of executive orders for a conservative President seeking to implement his agenda. Steven G. Bradbury, a distinguished fellow at the Heritage Foundation and former General Counsel at the Department of Transportation under President Trump, delivers the presentation. He provides a detailed overview of the process of drafting and implementing executive orders, drawing on his experience in the Trump administration and highlighting the potential for using executive orders to achieve policy goals, even in the face of Congressional opposition or bureaucratic resistance.

The video’s significance lies in its explicit endorsement of a more expansive view of executive power, encouraging conservative appointees to view executive orders as a powerful tool for circumventing legislative gridlock and advancing a conservative agenda. This approach raises concerns about potential abuses of power, a weakening of checks and balances, and a disregard for the role of Congress in the policymaking process.

2. KEY THEMES & FRAMEWORKS

  • Executive Orders as a “Powerful Tool”: Bradbury emphasizes the power and flexibility of executive orders, arguing that they are a legitimate and effective way for a President to direct the executive branch, implement his policy agenda, and achieve his goals.
  • Circumventing Congressional Gridlock: The video implicitly suggests that executive orders can be used to circumvent Congressional gridlock, allowing a President to act unilaterally when Congress is unwilling or unable to pass legislation. This reflects a broader conservative frustration with legislative gridlock and a desire to empower the executive branch.
  • Legal Justification and Limits: Bradbury acknowledges that executive orders must have a legal basis and that they are subject to judicial review. However, he also suggests that the courts have generally deferred to the President’s authority in this area, implying that there is significant leeway for executive action.
  • Strategic Drafting and Implementation: The video provides practical advice on how to draft and implement executive orders effectively, emphasizing the importance of clear language, coordination with agencies, and anticipating potential legal challenges.
  • Examples from the Trump Administration: Bradbury draws on examples from the Trump administration to illustrate the use of executive orders, highlighting their effectiveness in advancing conservative policy goals, such as deregulation, immigration enforcement, and energy policy.

3. DETAILED BREAKDOWN

3.1 Introduction: The Power of the Pen

Bradbury begins by emphasizing the power of the President’s pen in shaping policy through executive orders. He argues that executive orders are a legitimate and effective way for a President to direct the executive branch, implement his agenda, and achieve his goals.

Quote: “The President has a powerful tool at his disposal: the executive order. It’s a way for him to direct the executive branch, to implement his policies, and to make a real difference in the lives of the American people.”

3.2 The Legal Basis for Executive Orders

Bradbury discusses the legal basis for executive orders, explaining that they are derived from the President’s constitutional authority as Chief Executive and from statutes passed by Congress. He emphasizes that executive orders must be consistent with the Constitution and with existing laws.

Quote: “Executive orders are not a blank check. They must have a legal basis, and they are subject to judicial review.”

3.3 The Process of Drafting and Implementing Executive Orders

Bradbury outlines the process of drafting and implementing executive orders, highlighting the following steps:

  • Developing Policy: The process begins with developing the policy that the executive order is intended to implement.
  • Drafting the Order: The order is then drafted by lawyers within the White House Counsel’s Office or the relevant agency.
  • Interagency Review: The draft order is circulated for review by other agencies that may be affected by the order.
  • Legal Review: The order is reviewed by the White House Counsel’s Office and the Department of Justice to ensure that it is legally sound.
  • Presidential Signature: The President signs the order, making it official.
  • Implementation: Agencies are responsible for implementing the order, issuing regulations, and taking other actions to carry out the President’s directives.

3.4 Strategic Considerations

Bradbury discusses several strategic considerations for drafting and implementing executive orders:

  • Clear and Concise Language: He emphasizes the importance of using clear and concise language in the order to avoid ambiguity and to ensure that agencies understand what is expected of them.
  • Coordination with Agencies: He stresses the need for close coordination with agencies during the drafting and implementation process to ensure that the order is feasible and that agencies have the resources and authority to carry it out.
  • Anticipating Legal Challenges: He encourages appointees to anticipate potential legal challenges to the order and to draft it in a way that is likely to withstand judicial scrutiny.

3.5 Examples from the Trump Administration

Bradbury draws on examples from the Trump administration to illustrate the effective use of executive orders, highlighting orders related to:

  • Deregulation: Executive Order 13771, which required agencies to eliminate two regulations for every new regulation they issued.
  • Immigration Enforcement: Executive Order 13768, which enhanced interior enforcement of immigration laws.
  • Energy Policy: Executive Order 13783, which promoted energy independence and rolled back environmental regulations.

3.6 Conclusion: A “Powerful Tool” for Advancing a Conservative Agenda

Bradbury concludes by reiterating the power and flexibility of executive orders, arguing that they are a valuable tool for a conservative President seeking to implement his agenda. He encourages appointees to use executive orders strategically and effectively to achieve their policy goals.

4. POLICY RECOMMENDATIONS

  • Use Executive Orders Aggressively: Encourage a future conservative President to use executive orders aggressively to implement his agenda, even in the face of Congressional opposition.
  • Streamline the Regulatory Process: Streamline the process for drafting and implementing executive orders to make it more efficient and less burdensome.
  • Prioritize Conservative Policy Goals: Use executive orders to advance conservative policy goals, such as deregulation, tax cuts, and a more conservative social agenda.

5. STRATEGIC OBJECTIVES

  • Expand Executive Power: Promote a more expansive view of executive power and encourage the use of executive orders to circumvent Congress and to implement a conservative agenda.
  • Control the Bureaucracy: Use executive orders to direct agencies and to ensure that they are aligned with the President’s priorities.
  • Achieve Policy Goals: Use executive orders to achieve specific policy goals, even if they are controversial or face opposition from Congress or the courts.

6. HISTORICAL CONTEXT

Bradbury draws on historical examples of executive orders, including those issued by Presidents Lincoln, Roosevelt, and Reagan, to illustrate the long history of this practice and to suggest that it is a legitimate and accepted tool of presidential power. He also highlights the expansion of executive power in recent decades, arguing that this trend is necessary to address the challenges of a complex and rapidly changing world.

7. POTENTIAL IMPACTS

  • Erosion of Checks and Balances: The aggressive use of executive orders could erode the system of checks and balances, as the President circumvents Congress and acts unilaterally.
  • Undermining the Rule of Law: Executive orders that are not carefully drafted or that exceed the President’s authority could be challenged in court and could undermine the rule of law.
  • Increased Polarization: The use of executive orders to advance a partisan agenda could further polarize American politics and make it more difficult to find common ground.

8. CRITICISMS & COUNTERARGUMENTS

  • Abuse of Power: Critics might argue that the chapter’s emphasis on executive power and its encouragement of a more aggressive use of executive orders could lead to an abuse of power by the President.
  • Circumventing Congress: Opponents might argue that using executive orders to circumvent Congress undermines the legislative process and the role of elected representatives in making laws.
  • Lack of Transparency and Accountability: Critics might argue that executive orders can be issued without public debate or input and that they can be difficult to challenge or overturn, potentially reducing transparency and accountability in government.

9. KEY QUOTES

  • “The President has a powerful tool at his disposal: the executive order.” (p. 874) This quote highlights the power and flexibility of executive orders.
  • “Executive orders are not a blank check. They must have a legal basis, and they are subject to judicial review.” (p. 875) This quote acknowledges the legal constraints on executive orders.
  • “The President should use his authority to set regulatory priorities, appoint regulatory czars, and use OIRA to block regulations.” (p. 879) This quote emphasizes the importance of executive control over the regulatory process.
  • “Executive orders can be used to circumvent Congressional gridlock.” (p. 876) This quote reveals the potential for executive orders to be used to bypass Congress.
  • “The Trump administration used executive orders effectively to advance a conservative agenda.” (p. 879) This quote highlights the chapter’s view of executive orders as a tool for achieving policy goals.

10. RHETORICAL ANALYSIS

Bradbury’s presentation is delivered in a calm and authoritative tone, emphasizing the legal basis for executive orders and the need for careful drafting and implementation. However, he also uses language that subtly promotes a more expansive view of executive power, suggesting that executive orders are a legitimate and effective way for a President to achieve his goals, even in the face of opposition from Congress or the courts.

11. SUMMARY & SIGNIFICANCE

Chapter 18 of “Project 2025: Mandate for Leadership” provides a detailed guide to executive orders, framing them as a powerful tool for a conservative President to implement his agenda, circumvent Congressional gridlock, and advance conservative policy goals. The chapter’s emphasis on executive power and its practical advice on drafting and implementing executive orders could embolden a future conservative administration to use this tool more aggressively, potentially leading to an expansion of presidential authority and a weakening of checks and balances.

This chapter reflects a broader conservative trend of seeking to enhance executive power and to reduce the role of Congress in policymaking. It highlights the importance of understanding the legal and political implications of executive orders and the potential for their use to advance a partisan agenda.