THE PRESIDENT’S JOB DESCRIPTION| 301classifi ed information, declaring that if there is signifi cant doubt about the need
to classify information, it should not be classifi ed. Another executive order, issued
on January 17, 2010, mobilized some reserve military personnel to participate in
relief operations after the earthquake in Haiti.
It has been estimated that more than 1,000 executive orders issued between
1949 and 1999 were the subject of press coverage, congressional hearings, litiga-
tion, scholarly articles, or presidential public statements.^19 Most adressed relatively
minor matters. However, some executive orders, such as the one about classifying
information, make signifi cant policy changes.
Executive orders may appear to give the president authority to do whatever he
wants, even when facing strong opposition from Congress. However, a president’s
power to issue executive orders is limited. In many cases, Congress enacts a law
giving presidents the authority to issue an executive order on a particular question.
Moreover, regardless of the authority used to issue an order, if members object to
the policy changes, they can work to pass a law overturning any executive orders
or deny funding to implement them—although they would need support from two-
thirds of both houses to override the expected presidentia l veto. The threat of con-
gressional response often infl uences the specifi cs of executive orders, so that they
refl ect a compromise between what the president wants and what the members of
Congress are willing to tolerate.
COMMANDER IN CHIEF
The Constitution makes the president the commander in chief of America’s mili-
tary forces but gives Congress the power to declare war. These provisions are
potentially contradictory, and the Constitution leaves open the broader question
of who controls the military.^20 In practice, however, the president controls day-to-
day military operations through the Department of Defense and has the power to
order troops into action without explicit congressional approval. This happened
in 2002 when President George W. Bush deployed more than 100,000 troops, hun-
dreds of aircraft, and dozens of warships in anticipation of action against Iraq.
Although Congress eventually passed a resolution authorizing combat operations
against Iraq, this happened after the deployments had occurred. (Subsequent
AFTER CONGRESS FAILED TO PASS
the DREAM Act, President Obama
issued an executive order to
stop the deportation of some
young illegal immigrants in 2012.
People under age 30 who came
to the United States as children,
had been successful students or
served in the military, and posed
no security threat were given a
two-year deferral.