Presidential directive carrying the force of law without congressional approval
An executive order is a directive issued by the President of the United States that manages operations of the federal government. Executive orders carry the force of law and do not require congressional approval, though they can be challenged in court or overturned by subsequent presidents.
Executive orders have been used to authorize some of the most consequential — and controversial — government actions in American history. Executive Order 9066 authorized Japanese internment during World War II. Executive Order 12333, signed by Ronald Reagan in 1981, expanded intelligence agency powers and remains the foundational authority for much of the NSA's surveillance activity. Executive Order 13526 governs the classification and declassification of national security information.
In the context of covert operations, executive orders provide legal cover for activities that might otherwise violate domestic or international law. The distinction between a lawful executive order and an unconstitutional power grab often depends on who is interpreting the Constitution — and whether the order's contents are even publicly known. Some executive orders related to national security are classified, meaning the public may not know what directives the President has issued.
