Over the past few weeks, President Donald Trump has signed a flurry of executive orders – more than 70 of them– that include controversial directives on immigration, the slashing of foreign aid, and the reshaping of the federal government. Organizations defending the rule of law have sounded the alarm that the orders breach constitutional separation of powers and violate due process, and many have already been challenged in court. Is this storm of executive orders unique? And in the end, will this strategy succeed?
Kenneth Lowande, a political scientist affiliated with the Center for Political Studies at the University of Michigan, is an expert on executive power, and the author of the recently published book, ““False Front: The Failed Promise Of Presidential Power In A Polarized Age.”
As part of a “teach-in” panel organized by Josh Pasek and faculty to help students understand what’s happening, Lowande argued that the executive orders of the Trump administration are unprecedented because they are illegal power grabs by design, and that their success depends critically on compliance.
A bit of background: Executive orders are presidential instructions that direct executive branch agencies and staff to take specific actions. Presidents often use executive orders to kick off their first 100 days in office to revoke executive orders of previous administrations and to signal they’ll make good on the promises of their campaign.
Lowande has argued that it is normal for politicians to pursue executive actions, even when they know they will fail. Unilateral solutions are often inefficient, short-lived, or empty, but presidents issue the orders to put on a compelling show for key constituencies. It is also normal, says Lowande, for presidents– Republicans and Democrats– to use ambiguous laws to change policy.
What we are seeing in 2025 is different in two ways, Lowande says. The first difference, he argues, is that political wins for the Trump administration are the first and most important objective.
“Today, they’ve hastened the expansion of a detention center at Guantanamo Bay, which will cost orders of magnitude more to construct than normal. They released reservoir water in California for no conceivable purpose. They attempted to freeze all federal spending without a good warning of preparation. Any president could have done those things,” said Lowande. “But for the second Trump administration, making political wins seems to be the point. The volume and pace [of executive action] is designed to give you the impression that Trump can do anything.”
The second difference, says Lowande, is that the executive orders appear to be designed to be illegal. “President Trump today is not fundamentally different than he was eight years ago,” said Lowande. “He doesn’t have different ideas about policy. The main difference is that he’s surrounded by people who will sign off on actions even when they suspect that their actions might later be determined to be unlawful.”
In a statement issued last week, the nonpartisan American Bar Association cited attacks on constitutionally protected birthright citizenship; the dismantling of USAID; attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity, and the summary dismantling of departments and entities created by Congress as examples of “wide-scale affronts to the rule of law itself.”
To take effect, an executive order must be “founded on the authority of the president derived from the Constitution or statute.” And to be exercised, an executive order must in the end be carried out by a bureaucrat.
The Trump administration has opened the game with a strategy of moving first and furiously with orders that are legally risky. The enforcement of those orders may in turn be costly: Opening up dozens of different policy processes has the potential to tax the time and energy of staff. According to Lowande, we can assume that the administration hopes the federal workforce will follow those orders without being forced.
“The success of President Trump’s executive actions depends on people believing,” said Lowande. “It depends on courts, businesses, this university and other organizations acting as if the president actually has the power that he claims to.”
Media narratives that describe the president steamrolling Washington are effectively creating the narrative the President and his advisors need for their strategy to be successful, said Lowande.
An opposing strategy would depend on accurate knowledge about the limitations of executive power. The opposition would need to force the administration to use its energy to make people comply with their directives. And in the face of risk, the people asked to comply would need to draw on their courage.
Kenneth Lowande is an Associate Professor of Political Science, Associate Professor of Public Policy (by courtesy), and a Faculty Associate at the Center for Political Studies at the Institute for Social Research.
The teach-in held at Angell Hall during last week’s snowstorm was attended by an estimated 400-500 students seeking to learn about U.S. political institutions. The event also marked the 60th anniversary of the first teach-in convened in the United States, held at the University of Michigan during the Vietnam War protests of 1965, also at Angell Hall.
This post was written by Tevah Platt of the Center for Political Studies, with contributions from Kenneth Lowande.
