SNEK POLICY
Executive Orders Cannot Replace Laws
Presidents need authority to manage the executive branch and faithfully execute the law. That does not make the President a one-person legislature.
Identify the authority
Executive orders should clearly identify the statutory or constitutional authority supporting them.
Major national policy choices assigned to Congress should come from legislation rather than being recreated every four years through increasingly aggressive executive interpretation.
Congress should legislate
When an administration stretches temporary authority because Congress refuses to make a difficult decision, the long-term answer is congressional action, not permanent government by executive order.
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Why SNEK thinks this
The President needs authority to manage the executive branch and execute laws. That is different from creating major national policy because Congress is unwilling or unable to act. SNEK wants political responsibility to remain traceable to the branch that actually has the job of legislating.
How it would work
Executive orders should identify the statutory or constitutional authority they rely on. Orders can direct executive agencies, manage enforcement priorities within lawful bounds, and respond to immediate executive responsibilities. They should not be used as a substitute for legislation on major policy questions assigned to Congress. If an administration repeatedly stretches temporary authority because Congress will not decide an issue, Congress should be forced to legislate.
Where we’re flexible or still working it out
The boundary between executing a law and making new policy can be difficult in a complex administrative state. SNEK does not claim every executive order is illegitimate. The test is whether the President is implementing authority Congress actually granted or attempting to create a new legal rule Congress never enacted.
Related SNEK policies
Political Competition and Representation • Public Office Should Not Be a Lifetime Career