Presidents sometimes defy Congress and the courts with executive orders

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White House Headlines - August 20, 2026

White House Headlines - August 20, 2026

As much as presidents complain about the other two branches usurping their constitutional prerogatives as chief executive, they can, at times, also trample the turf of the other branches.

Last week, the Washington Post carried an article on the various ways President Trump has used executive orders to circumvent or defy the courts or Congress. The three examples cited were on high court rulings against Trump’s tariffs, birthright citizenship and the dismissal of a Federal Reserve Board governor. In each instance, the president has subsequently devised alternative approaches to exploit perceived loopholes in the court’s rulings. This is not something Trump did in his first term as president, but second terms seem to invite last chance gambits in which losing does not carry the same consequences.

The Post cited its own analysis in which the president and his appointees have been accused of flouting court rulings in more than 160 lawsuits against the administration.

The Founders might have been appalled at the extent to which the executive branch has come out on top in so many of these conflicts since they thought the Congress would pose a greater threat of dominance. But presidents learned early how to play the game harder and more stealthily, sometimes going to extremes to test (or stretch)........

© The Hill