Managing shareholder Chad Baruch was recently published by the State Bar of Wisconsin, offering an insightful look at the constitutional history and legal framework surrounding presidential executive orders.
In the article, “Executive Orders and Presidential Power: A Brief History,” Mr. Baruch traces the evolution of executive orders from George Washington to the modern day, highlighting how courts have challenged or upheld presidential actions across generations.
He writes:
“This article briefly examines the history and use of executive orders, discusses successful court challenges to them, and provides the basic framework and general rules by which courts determine the validity of any particular executive order.
“Actually, the use of executive orders dates to George Washington’s first term. And their peak usage as a tool of presidential power came during the early and middle portions of the 20th century – not under recent administrations.”
Read the full article here.