You Can’t Axe Laws With Orders

Updated: 2025.10.17 5D ago 8 sources
A president can fire staff and tell an agency to wind down, but Congressionally created programs keep running until Congress repeals or relocates them. Ordering 'closure' while demanding 'uninterrupted services' just hollows the agency without changing what it must legally do. — It clarifies that shrinking the administrative state requires statutory change, not headline‑friendly executive theater.

Sources

The Shadow President
by Andy Kroll 2025.10.17 82% relevant
The article details Vought’s use of OMB budget execution—freezes, redirects, and review choke points—to effect policy changes (e.g., wall funding, Ukraine hold) despite Congress, illustrating how executive orders alone can’t end programs but budget gatekeeping can hollow or redirect them in practice.
Armageddon in the Civil Service
Don Kettl 2025.10.15 74% relevant
The article describes Trump using reductions‑in‑force during a shutdown to gut programs he opposes and says 'they’re never going to come back,' illustrating how executives can hollow agencies even when statutes still require them to operate—echoing the idea that programs persist in law even if the president orders 'closure.'
Antifa is not an organization, it's worse
David Josef Volodzko 2025.10.12 70% relevant
The piece shows an EO cannot create a domestic terrorist designation because Congress hasn’t authorized one, paralleling the broader point that executive orders can’t do what statutes don’t allow. It grounds this in First Amendment association rights and the INA’s Section 219 foreign‑only framework.
A left-wing Trump isn't the answer. This is.
Jordan Weissmann 2025.09.19 70% relevant
It highlights the administration’s attempts to hollow out or eliminate agencies (USAID, CFPB) via executive action and budget maneuvers, underscoring that Congressionally created programs persist absent statutory repeal—aligning with the limit on shuttering agencies by order.
Trump Wants to Crack Down on “Debanking,” but He’s Dismantling a Regulator That Was Doing Just That
by Jake Pearson 2025.09.09 80% relevant
Trump’s 'fair banking' executive order asks regulators to crack down on politicized account closures, yet his administration imposed stop‑work orders and mass layoffs at the CFPB, stalling probes into JPMorgan, Citi, and third‑party screeners—an example of executive actions hollowing statutory enforcement capacity while demanding uninterrupted services.
Are the Tariffs Constitutional? with Chad Squitieri and Peter Harrell
Oren Cass 2025.09.03 68% relevant
The Federal Circuit’s finding that IEEPA does not authorize emergency tariffs limits unilateral executive action in a domain where Congress traditionally sets rules, echoing the broader principle that presidents can’t use executive authority to do what statutes don’t allow.
We’re becoming a Döner Republic
Jordan Weissmann 2025.08.26 50% relevant
Lisa Cook’s stance that the president has 'no authority' to remove a Fed governor highlights separation‑of‑powers limits and the legal insulation Congress gave the Fed—illustrating the broader point that executive orders can’t simply rewrite statutory institutional design.
Still Standing
Neal McCluskey 2025.08.26 100% relevant
Trump’s order to close the Education Department 'while ensuring the effective and uninterrupted delivery of services,' plus bills by Massie/Paul (termination date) and Rounds (reassigning OCR to DOJ and FSA to Treasury).
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