An executive order is a directive issued by the President of the United States (or a governor at the state level) to manage operations of the federal government or state agencies. It has the force of law but is not a law passed by Congress or a legislature. Executive orders are based on the executive's constitutional or statutory authority and are typically used to implement policies, direct federal agencies, or clarify existing laws.
A law, on the other hand, is a formal statute passed by a legislative body (e.g., Congress at the federal level or state legislatures) through a defined legislative process, requiring approval by both houses (where applicable) and the signature of the president or governor (unless passed by overriding a veto). Laws have broader scope, binding the entire population or specific sectors, and are more permanent unless repealed or amended.
Key Differences:
- Source: Executive orders come from the executive branch (e.g., President); laws are created by the legislative branch.
- Process: Executive orders are issued unilaterally by the executive; laws require legislative approval and a formal process.
- Scope and Duration: Executive orders are limited to the executive's authority and can be reversed by a new executive or court ruling; laws apply broadly and are more enduring.
- Legal Weight: Both have legal force, but executive orders can be challenged if they exceed the executive's authority, while laws are upheld unless deemed unconstitutional.
For example, an executive order might direct a federal agency to prioritize certain regulations, while a law might establish a new federal program or criminalize specific actions.