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Executive Orders and Presidential Transitions (CRS Report for Congress)

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Release Date July 30, 2024
Report Number IF12724
Report Type In Focus
Authors Ben Wilhelm
Source Agency Congressional Research Service
Summary:

Since at least the Administration of Franklin D. Roosevelt, the concept of a President’s first “100 days” has been a touchstone for evaluation of presidential effectiveness and places at least some pressure on incoming Administrations to act quickly on their campaign commitments and other priorities. Executive orders have developed into one of the most expedient tools available to a new President to change federal policies, priorities, and operations, including during that closely watched early window. Concerns about the volume, timing, and content of executive orders, therefore, may be heightened during presidential transitions. In particular, it appears that both incoming and outgoing Administrations may use executive orders to establish preferred policies closer to Inauguration Day than could be accomplished through laws or regulations. When the incoming and outgoing Presidents are members of different political parties, this perception may be especially strong. This In Focus examines key aspects of executive orders and the executive order process with an eye toward their use during transitions.