1 00:00:00,040 --> 00:00:02,560 All right, imagine this. You wake up, grab your coffee, 2 00:00:02,560 --> 00:00:06,320 and BAM, the president signs an executive order that changes 3 00:00:06,320 --> 00:00:08,760 everything in an area of law you're studying. 4 00:00:09,000 --> 00:00:11,520 Talk about a curveball, right? Especially when you're trying to 5 00:00:11,520 --> 00:00:14,600 wrap your head around like all the established legal stuff. 6 00:00:14,600 --> 00:00:17,520 Exactly. And that's precisely why we're 7 00:00:17,520 --> 00:00:19,720 diving deep into executive orders today, right? 8 00:00:19,960 --> 00:00:23,680 We need to like, demystify these things, what they are like, 9 00:00:23,680 --> 00:00:25,840 where do they come from, and why should we care? 10 00:00:26,000 --> 00:00:28,160 Especially us, right? Especially for U.S. law 11 00:00:28,160 --> 00:00:30,080 students, yeah. You know, gearing up for those 12 00:00:30,080 --> 00:00:32,520 crazy exams. I mean, because let's be real, 13 00:00:32,520 --> 00:00:36,000 the bar examiners, they love to throw those curveball questions 14 00:00:36,000 --> 00:00:38,240 about executive orders at you. Oh, they do. 15 00:00:38,320 --> 00:00:41,040 They want to see if you can like, think on your feet and 16 00:00:41,040 --> 00:00:44,480 apply the law in a, you know, dynamic context. 17 00:00:44,480 --> 00:00:46,600 Right. It's not enough to just memorize 18 00:00:46,680 --> 00:00:48,520 everything. You know, the black letter law. 19 00:00:48,520 --> 00:00:49,880 Yeah. We need to understand how it 20 00:00:49,880 --> 00:00:51,760 actually plays out. You know, the real world. 21 00:00:51,760 --> 00:00:54,320 In the real world, yeah, with all the twists and turns. 22 00:00:54,560 --> 00:00:58,240 All the twists and turns, Yeah. So let's start with the basics. 23 00:00:58,480 --> 00:01:01,920 What is an executive order? Is it just some fancy 24 00:01:01,920 --> 00:01:04,920 presidential decree with like, you know, a fancy name? 25 00:01:04,920 --> 00:01:06,120 Well. It's definitely a presidential 26 00:01:06,120 --> 00:01:09,880 directive, that's for sure. But it's more than just a 27 00:01:09,880 --> 00:01:12,320 decree. It's a like, legally binding 28 00:01:12,320 --> 00:01:15,520 instruction from the president to the federal government. 29 00:01:16,080 --> 00:01:18,960 Think of it as a way for the president to, like, manage how 30 00:01:18,960 --> 00:01:22,560 the government operates. OK, so it's about setting like 31 00:01:22,720 --> 00:01:26,000 direction and priorities. But if it's legally binding, 32 00:01:26,000 --> 00:01:28,760 does that mean it's the same as a law passed by Congress? 33 00:01:28,960 --> 00:01:32,080 That's where it gets a bit, you know, tricky and where those 34 00:01:32,080 --> 00:01:33,840 exam questions can really trip you up. 35 00:01:33,840 --> 00:01:35,960 Oh, yeah. Executive orders are not new 36 00:01:35,960 --> 00:01:38,960 laws. Congress has the sole power to 37 00:01:38,960 --> 00:01:41,280 make laws right through legislation. 38 00:01:41,680 --> 00:01:45,120 Executive orders have to operate within the framework of existing 39 00:01:45,120 --> 00:01:47,120 laws. So it's more about like 40 00:01:47,120 --> 00:01:50,280 interpreting and implementing those laws rather than creating 41 00:01:50,280 --> 00:01:52,120 new ones from scratch. Exactly. 42 00:01:52,320 --> 00:01:54,480 Think of it this way. Congress passes a law saying, 43 00:01:54,480 --> 00:01:57,360 OK, we need to protect endangered species. 44 00:01:57,600 --> 00:02:01,160 An executive order might then specify how that law is 45 00:02:01,160 --> 00:02:04,440 enforced, which agencies are responsible, or how funds are 46 00:02:04,440 --> 00:02:05,800 allocated to that. I see. 47 00:02:06,000 --> 00:02:09,919 You know, that sort of thing. OK, so I'm starting to see how 48 00:02:09,919 --> 00:02:12,080 these things can have a real impact even though they're not 49 00:02:12,080 --> 00:02:14,680 technically creating new laws. Absolutely. 50 00:02:14,720 --> 00:02:18,400 They have the force of law, OK, which means they can create, you 51 00:02:18,400 --> 00:02:21,720 know, legally binding obligations and consequences. 52 00:02:21,720 --> 00:02:25,280 OK, so now I'm curious, where does the president even get the 53 00:02:25,280 --> 00:02:27,560 authority to issue these executive orders? 54 00:02:27,560 --> 00:02:29,360 Is it just something they made-up along the way? 55 00:02:29,800 --> 00:02:32,320 Not at all. The power to issue executive 56 00:02:32,320 --> 00:02:35,160 orders actually comes from the Constitution itself, OK, 57 00:02:35,280 --> 00:02:36,960 Specifically Article 2. OK. 58 00:02:37,000 --> 00:02:41,040 It grants the president broad executive power, which includes 59 00:02:41,040 --> 00:02:45,040 the authority to take care that the laws be faithfully executed. 60 00:02:45,600 --> 00:02:47,840 So it's all about making sure the laws passed by Congress are 61 00:02:47,840 --> 00:02:49,600 actually put into action. Exactly. 62 00:02:49,840 --> 00:02:53,040 And sometimes, Congress will even pass laws that specifically 63 00:02:53,040 --> 00:02:56,600 delegate certain powers to the president, giving them even more 64 00:02:56,600 --> 00:02:59,200 leeway to issue executive orders in those areas. 65 00:02:59,480 --> 00:03:02,960 OK, I can see how that could lead to some pretty powerful and 66 00:03:02,960 --> 00:03:09,160 far reaching directives, but wouldn't that create like a 67 00:03:09,160 --> 00:03:12,560 potential imbalance of power? What's stopping a president from 68 00:03:12,560 --> 00:03:16,040 just going rogue and issuing executive orders that contradict 69 00:03:16,040 --> 00:03:19,040 existing laws or even violate the Constitution? 70 00:03:19,240 --> 00:03:21,640 Well, that's where the brilliance of our system of 71 00:03:21,640 --> 00:03:24,920 checks and balances comes in. Remember, the president isn't a 72 00:03:24,920 --> 00:03:26,920 king, OK? Or a dictator. 73 00:03:27,120 --> 00:03:29,400 They're part of a system that's designed to prevent the 74 00:03:29,400 --> 00:03:32,560 concentration of power. So who are the referees in this 75 00:03:32,600 --> 00:03:34,720 game? Who keeps the president in check 76 00:03:34,720 --> 00:03:36,200 when it comes to executive orders? 77 00:03:36,200 --> 00:03:39,680 Well, firstly, there's Congress. They can pass legislation to 78 00:03:39,720 --> 00:03:42,320 overturn or limit the scope of an executive order. 79 00:03:42,320 --> 00:03:45,160 OK, So if they feel like a president is overstepping their 80 00:03:45,160 --> 00:03:47,920 bounds, they can try to like, rein them in through the 81 00:03:47,920 --> 00:03:50,400 legislative process. OK, so it's like a bit of a tug 82 00:03:50,400 --> 00:03:53,880 of war between the president and Congress exactly, each trying to 83 00:03:53,880 --> 00:03:56,400 exert their influence within the legal framework. 84 00:03:56,400 --> 00:03:58,560 Exactly. And then there are the courts 85 00:03:58,560 --> 00:04:01,920 are ultimate arbiters of, you know, constitutionality, right? 86 00:04:02,080 --> 00:04:06,400 So if a court finds that an executive order exceeds the 87 00:04:06,400 --> 00:04:10,640 president's authority or violates the Constitution, they 88 00:04:10,640 --> 00:04:13,520 can declare it invalid. That's a pretty powerful check 89 00:04:13,520 --> 00:04:15,080 on executive power. It is. 90 00:04:15,080 --> 00:04:17,399 It means that even the president isn't above the law. 91 00:04:17,399 --> 00:04:19,800 Exactly. But let's talk about some like 92 00:04:19,920 --> 00:04:22,560 real world examples. I'm curious to see how these 93 00:04:22,560 --> 00:04:24,360 things actually play out in practice. 94 00:04:24,520 --> 00:04:26,240 Sure. Can you give me like some 95 00:04:26,240 --> 00:04:30,760 landmark cases where executive orders really made a splash? 96 00:04:30,880 --> 00:04:34,000 Oh, there are tons, Yeah. But one that always stands out 97 00:04:34,000 --> 00:04:37,200 is Lincoln's Emancipation Proclamation during the Civil 98 00:04:37,200 --> 00:04:37,880 War. Right. 99 00:04:37,880 --> 00:04:41,400 That was an executive order, and it had, like, a seismic impact. 100 00:04:41,400 --> 00:04:44,560 It changed the course of the war and ultimately led to the 101 00:04:44,560 --> 00:04:47,160 abolition of slavery. Wow, that's incredible. 102 00:04:47,160 --> 00:04:50,400 It is to think that something as momentous as the Emancipation 103 00:04:50,400 --> 00:04:53,960 Proclamation was actually an executive order, not a law 104 00:04:53,960 --> 00:04:56,280 passed by Congress. It highlights the potential, I 105 00:04:56,280 --> 00:04:59,600 think, for executive orders to be used for, you know, truly 106 00:04:59,600 --> 00:05:01,760 significant and transformative change, right? 107 00:05:02,160 --> 00:05:04,800 Of course, not every executive order is going to, you know, 108 00:05:04,920 --> 00:05:08,440 reshape the nation like that. But it shows how these things 109 00:05:08,440 --> 00:05:10,960 can have like a ripple effect across society. 110 00:05:11,080 --> 00:05:13,760 Yeah, I bet there are tons of examples that are, you know, 111 00:05:13,760 --> 00:05:17,560 less dramatic but still have like a big impact on specific 112 00:05:17,560 --> 00:05:19,200 areas of law. Absolutely. 113 00:05:19,320 --> 00:05:21,280 Think about like environmental regulations. 114 00:05:21,280 --> 00:05:24,920 For instance, a president could issue an executive order 115 00:05:25,240 --> 00:05:31,080 directing agencies to prioritize enforcement of, you know, clean 116 00:05:31,080 --> 00:05:34,160 air and water standards. That would have a major impact 117 00:05:34,160 --> 00:05:38,280 on businesses, industries and even individual citizens. 118 00:05:38,280 --> 00:05:42,360 So it's not just about like theoretical legal concepts. 119 00:05:42,440 --> 00:05:45,880 No, these things can really hit close to home influencing like 120 00:05:46,120 --> 00:05:49,760 the air we breathe, the water we drink, the products we buy, even 121 00:05:49,760 --> 00:05:51,640 the jobs we have. Exactly. 122 00:05:51,760 --> 00:05:53,320 Yeah. And that's why it's so important 123 00:05:53,320 --> 00:05:56,480 for us as a lot of students to understand how executive orders 124 00:05:56,480 --> 00:06:00,760 work and how they can shape the, you know, legal landscape that 125 00:06:00,760 --> 00:06:02,840 we'll be navigating. It's like having an extra tool 126 00:06:02,840 --> 00:06:04,600 in our legal toolkit, right? Exactly. 127 00:06:04,680 --> 00:06:07,120 We need to know how to use it effectively, both in our studies 128 00:06:07,120 --> 00:06:09,240 and in our future career. Exactly. 129 00:06:09,240 --> 00:06:10,720 And that's what we're here to help you do. 130 00:06:10,880 --> 00:06:13,720 We're going to break down the complexities of executive 131 00:06:13,720 --> 00:06:17,840 orders, give you those aha moments that will make you stand 132 00:06:17,840 --> 00:06:21,760 out in class and on those exams, and empower you to think 133 00:06:21,760 --> 00:06:25,040 critically about how these things operate in the real 134 00:06:25,040 --> 00:06:26,440 world. Sounds like a plan. 135 00:06:27,200 --> 00:06:30,760 But before we get like, too deep into the weeds, I think it's 136 00:06:30,760 --> 00:06:33,800 important to distinguish executive orders from some other 137 00:06:33,800 --> 00:06:37,960 presidential actions that might sound similar but have different 138 00:06:37,960 --> 00:06:39,080 legal implications. Right? 139 00:06:39,320 --> 00:06:41,120 Right. Because we don't want to mix up 140 00:06:41,280 --> 00:06:44,000 like an executive order with a presidential tweet. 141 00:06:44,320 --> 00:06:45,440 Exactly. Exactly. 142 00:06:45,640 --> 00:06:48,160 So what are some of these other things that presidents do that 143 00:06:48,400 --> 00:06:51,040 we need to be aware of? Well, there are proclamations. 144 00:06:51,040 --> 00:06:55,000 For starters, these are mostly ceremonial pronouncements, like 145 00:06:55,000 --> 00:06:58,080 declaring National Donut Day. You know, something like that. 146 00:06:58,360 --> 00:07:00,680 They might have symbolic importance, but they don't carry 147 00:07:00,680 --> 00:07:03,400 the same legal weight as an executive order. 148 00:07:03,400 --> 00:07:06,880 So those are more about like public relations than actual 149 00:07:06,880 --> 00:07:08,040 legal change. Exactly. 150 00:07:08,120 --> 00:07:12,440 Then you have memoranda, which are more like internal 151 00:07:12,520 --> 00:07:14,520 directives within the executive branch. 152 00:07:15,040 --> 00:07:18,360 They might deal with things like how agencies should handle 153 00:07:18,360 --> 00:07:23,000 paperwork or implement specific policies. 154 00:07:23,000 --> 00:07:26,120 So those are kind of like the president's, like internal memos 155 00:07:26,440 --> 00:07:29,360 setting the tone for how things should run within the 156 00:07:29,360 --> 00:07:31,200 administration. That's a good way to put it. 157 00:07:31,760 --> 00:07:34,840 And finally, we have executive agreements, which are agreements 158 00:07:34,840 --> 00:07:36,960 made between the president and foreign governments. 159 00:07:37,240 --> 00:07:40,720 They don't require Senate approval like treaties do, so 160 00:07:40,720 --> 00:07:44,960 they're often used for like more routine or less significant 161 00:07:45,080 --> 00:07:47,000 international arrangements. Interesting. 162 00:07:47,000 --> 00:07:50,720 So it's a whole spectrum of presidential actions, each with 163 00:07:50,720 --> 00:07:53,680 its own level of like legal significance and impact. 164 00:07:54,000 --> 00:07:56,240 But for now, let's keep our focus on executive orders. 165 00:07:56,440 --> 00:07:58,880 They seem to be the heavy hitters in this presidential 166 00:07:58,880 --> 00:08:00,920 toolkit. They definitely are, and as 167 00:08:00,920 --> 00:08:03,600 we've seen, they can have a profound impact on everything 168 00:08:03,600 --> 00:08:07,120 from, you know, the course of history to the daily lives of 169 00:08:08,000 --> 00:08:10,400 ordinary citizens. So before we move on, can we 170 00:08:10,400 --> 00:08:13,640 quickly recap like the key things we've learned so far 171 00:08:13,640 --> 00:08:15,520 about executive orders? Absolutely. 172 00:08:15,520 --> 00:08:18,680 First, they're legally linding instructions from the president 173 00:08:18,680 --> 00:08:21,000 to the federal government, but they're not new laws. 174 00:08:21,400 --> 00:08:24,280 They have to operate within the framework of existing laws 175 00:08:24,280 --> 00:08:25,960 passed by Congress. Got it. 176 00:08:26,520 --> 00:08:29,560 Second, the power to issue executive orders comes from the 177 00:08:29,560 --> 00:08:33,440 Constitution itself, Article 2, which grants the president broad 178 00:08:33,440 --> 00:08:35,200 executive power. Exactly. 179 00:08:35,799 --> 00:08:39,000 And third, there are checks and balances in place to prevent the 180 00:08:39,000 --> 00:08:40,720 president from abusing this power. 181 00:08:41,159 --> 00:08:45,240 So Congress can pass laws to overturn or limit executive 182 00:08:45,240 --> 00:08:48,080 orders, and the courts can declare them invalid if they 183 00:08:48,080 --> 00:08:51,120 exceed the president's authority or violate the Constitution. 184 00:08:51,600 --> 00:08:54,760 OK, that's a solid foundation. So now that we've got like the 185 00:08:54,760 --> 00:08:56,960 basics down, where do we go from here? 186 00:08:57,040 --> 00:08:59,200 What are some of the key things we need to consider when 187 00:08:59,200 --> 00:09:02,360 analyzing an executive order, both in our studies and in 188 00:09:02,360 --> 00:09:05,160 practice? Well, there are a few key areas 189 00:09:05,160 --> 00:09:08,280 I think we should explore. First, we need to like delve 190 00:09:08,280 --> 00:09:11,000 deeper into the types of things executive orders can actually 191 00:09:11,000 --> 00:09:13,120 DO. We've touched on a few examples, 192 00:09:13,120 --> 00:09:15,760 but there's a whole range of possibilities, right from 193 00:09:15,760 --> 00:09:20,240 influencing, you know, national security to shaping economic 194 00:09:20,240 --> 00:09:22,800 policy to promoting social change that. 195 00:09:23,080 --> 00:09:26,400 Sounds fascinating, and I'm also curious about the potential for 196 00:09:26,400 --> 00:09:27,840 controversy. Sure. 197 00:09:28,160 --> 00:09:30,320 We talked about the checks and balances, but I imagine there 198 00:09:30,320 --> 00:09:33,200 are plenty of cases where executive orders have been 199 00:09:33,400 --> 00:09:36,240 challenged or even overturned. Oh, absolutely. 200 00:09:36,240 --> 00:09:40,360 Executive orders are often at the center of like, heated legal 201 00:09:40,360 --> 00:09:42,800 and political debates, right? And the courts have played a 202 00:09:42,800 --> 00:09:47,520 major role in shaping their scope and limitations. 203 00:09:48,080 --> 00:09:50,800 I'm starting to see how this topic really gets to the heart 204 00:09:50,800 --> 00:09:54,640 of like our system of government and the delicate balance of 205 00:09:54,640 --> 00:09:56,960 power between the different branches it. 206 00:09:56,960 --> 00:10:00,560 Is it's a fascinating area to study, and it's crucial for law 207 00:10:00,560 --> 00:10:03,760 students to develop, you know, a nuanced understanding of how 208 00:10:03,760 --> 00:10:07,480 executive orders work and how they can be used for both good 209 00:10:07,480 --> 00:10:10,360 and potentially not so good. It's what makes it so 210 00:10:10,360 --> 00:10:11,480 compelling, right? Yeah. 211 00:10:11,520 --> 00:10:14,240 It's not just about like, black and white rules, right? 212 00:10:14,320 --> 00:10:17,440 It's about navigating Shades of Grey and grappling with like 213 00:10:17,680 --> 00:10:20,720 complex legal and ethical considerations. 214 00:10:20,760 --> 00:10:22,520 Exactly. And that's the kind of critical 215 00:10:22,520 --> 00:10:25,360 thinking that will serve you well not only on your exams, but 216 00:10:25,360 --> 00:10:28,040 also in your future legal careers. 217 00:10:28,120 --> 00:10:30,680 I'm already feeling more confident and prepared to tackle 218 00:10:30,680 --> 00:10:33,760 those tricky executive order questions that might pop up on 219 00:10:33,760 --> 00:10:36,040 the bar exam. That's the spirit, yeah, And 220 00:10:36,040 --> 00:10:38,160 we're here to guide you every step of the way. 221 00:10:38,880 --> 00:10:42,480 Alright, so I'm ready to dive deeer into like the nitty gritty 222 00:10:42,480 --> 00:10:44,680 of executive orders. Let's get to it. 223 00:10:45,000 --> 00:10:48,680 What are some specific examples of how executive orders have 224 00:10:48,680 --> 00:10:53,240 been used to like, create new policies, change existing ones, 225 00:10:53,400 --> 00:10:55,680 and really shake things up in different areas of law? 226 00:10:55,920 --> 00:10:58,560 Well, how about we start with a fascinating case that involved 227 00:10:58,960 --> 00:11:00,840 national security and immigration? 228 00:11:01,040 --> 00:11:03,600 It's a great example of how executive orders can like, 229 00:11:03,760 --> 00:11:07,920 intersect with constitutional law and spark those intense 230 00:11:07,920 --> 00:11:10,200 legal and political debates. Sounds intriguing? 231 00:11:10,200 --> 00:11:11,760 Let's hear it. All right, so let's talk about 232 00:11:11,760 --> 00:11:17,000 Executive Order 13769, often referred to as the, you know, 233 00:11:17,080 --> 00:11:21,040 the travel ban. In 2017, President Trump issued 234 00:11:21,040 --> 00:11:23,560 this order, which restricted travel from several Muslim 235 00:11:23,560 --> 00:11:25,920 majority countries. Yeah, I remember that one making 236 00:11:25,920 --> 00:11:28,520 headlines if it felt like everyone had an opinion on it, 237 00:11:28,600 --> 00:11:31,840 even outside like legal circles. Yeah, it definitely sparked a 238 00:11:31,840 --> 00:11:33,800 lot of controversy, and for good reason, right? 239 00:11:33,800 --> 00:11:36,360 It touched on those like fundamental questions about 240 00:11:36,360 --> 00:11:39,800 presidential power, national security and religious freedom. 241 00:11:39,960 --> 00:11:43,320 So how did this particular executive order play into those 242 00:11:43,360 --> 00:11:45,920 big concepts? Well, the stated goal of the 243 00:11:45,920 --> 00:11:49,080 order was to enhance national security and and prevent 244 00:11:49,080 --> 00:11:51,360 terrorism. Pretty common justification for 245 00:11:51,360 --> 00:11:54,880 executive action, especially in times of like perceived threat. 246 00:11:55,080 --> 00:11:56,760 Right. But the way it was implemented 247 00:11:57,200 --> 00:12:00,760 raised some serious concerns. Critics argued that it unfairly 248 00:12:00,760 --> 00:12:03,960 targeted individuals based on their religion, violating the 249 00:12:03,960 --> 00:12:05,800 Constitution's Establishment Clause. 250 00:12:05,800 --> 00:12:08,560 That's the clause that prohibits the government from favoring one 251 00:12:08,560 --> 00:12:10,080 religion over another. Right. 252 00:12:10,160 --> 00:12:13,440 Exactly. And it became a focal point of 253 00:12:13,440 --> 00:12:15,440 the legal challenge against the travel ban. 254 00:12:15,880 --> 00:12:19,160 Opponents argued that the order was, you know, discriminatory 255 00:12:19,160 --> 00:12:22,760 and unconstitutional. So we had like a classic clash 256 00:12:22,760 --> 00:12:26,760 between the president's power to issue executive orders and the 257 00:12:26,760 --> 00:12:28,760 court's duty to uphold the Constitution. 258 00:12:28,800 --> 00:12:31,520 Exactly. And it wasn't just like a 259 00:12:31,520 --> 00:12:35,240 theoretical debate either. This case had real world 260 00:12:35,240 --> 00:12:38,520 consequences for countless individuals who are directly 261 00:12:38,520 --> 00:12:40,360 impacted by the travel restrictions. 262 00:12:40,360 --> 00:12:42,840 It must been a nightmare for those trying to like travel, 263 00:12:42,840 --> 00:12:44,720 study or reunite with family members. 264 00:12:45,040 --> 00:12:46,840 Absolutely. It created chaos and 265 00:12:46,840 --> 00:12:52,040 uncertainty, and it highlighted the the human cost of these 266 00:12:52,040 --> 00:12:53,600 legal battles. So what happened? 267 00:12:53,600 --> 00:12:56,840 Did the courts just step in and like, strike down the ban? 268 00:12:57,160 --> 00:12:59,520 It wasn't that simple. The case went through multiple 269 00:12:59,520 --> 00:13:02,680 rounds of litigation, with lower courts blocking parts of the ban 270 00:13:02,680 --> 00:13:04,840 and the administration appealing those decisions. 271 00:13:04,840 --> 00:13:06,560 Sounds like a legal roller coaster it. 272 00:13:06,560 --> 00:13:09,920 Was and eventually a modified version of the travel ban made 273 00:13:09,920 --> 00:13:12,800 its way to the Supreme Court. That's the, like, ultimate 274 00:13:12,800 --> 00:13:15,400 showdown, isn't it? It is what did the Supreme Court 275 00:13:15,400 --> 00:13:18,440 decide. In A5 four decision, the Supreme 276 00:13:18,440 --> 00:13:21,800 Court ultimately upheld the modified version of the travel 277 00:13:21,800 --> 00:13:24,640 ban. The majority opinion focused on 278 00:13:24,640 --> 00:13:27,920 the president's broad authority in matters of national security 279 00:13:27,920 --> 00:13:31,040 and immigration. So even though there were like, 280 00:13:31,040 --> 00:13:34,200 serious concerns about religious discrimination, the court 281 00:13:34,440 --> 00:13:37,120 deferred to the president's judgement in this case. 282 00:13:37,640 --> 00:13:40,960 To a certain extent, yes, the court acknowledged the potential 283 00:13:40,960 --> 00:13:43,400 for abuse. But it also emphasized the need 284 00:13:43,400 --> 00:13:46,560 to give the president, you know, leeway in matters of national 285 00:13:46,560 --> 00:13:49,720 security, especially when Congress has credited them broad 286 00:13:49,720 --> 00:13:51,560 authority in that area. That makes sense. 287 00:13:51,800 --> 00:13:55,200 It's a tough balancing act between like individual rights 288 00:13:55,200 --> 00:13:57,840 and national security concerns. It is, and it's a debate that 289 00:13:57,840 --> 00:14:01,280 continues to this day. The travel ban case serves as 290 00:14:01,280 --> 00:14:04,520 like a stark reminder that even with checks and balances in 291 00:14:04,520 --> 00:14:08,200 place, executive orders can be used in ways that have profound 292 00:14:08,200 --> 00:14:10,160 and sometimes controversial consequences. 293 00:14:10,160 --> 00:14:11,680 It's a cautionary tale, isn't it? 294 00:14:11,680 --> 00:14:14,400 A reminder that we can't take our rights and freedoms for 295 00:14:14,400 --> 00:14:18,400 granted and we need to be like vigilant and holding those in 296 00:14:18,400 --> 00:14:20,200 power accountable. Absolutely. 297 00:14:20,200 --> 00:14:23,680 And for U.S. law students, you know, yeah, it's a case study in 298 00:14:23,680 --> 00:14:27,320 how legal principles play out in the real world, with all its 299 00:14:27,320 --> 00:14:29,840 complexities and nuances. Yeah, it's not just about 300 00:14:29,840 --> 00:14:31,440 memorizing legal doctrines, right? 301 00:14:31,640 --> 00:14:34,600 It's about understanding how they're interpreted, applied, 302 00:14:34,600 --> 00:14:36,360 and sometimes even challenged in practice. 303 00:14:36,400 --> 00:14:39,040 Exactly. The travel ban case is a perfect 304 00:14:39,040 --> 00:14:43,240 example of how executive orders can force us to like grapple 305 00:14:43,240 --> 00:14:45,800 with those fundamental questions about the Constitution, 306 00:14:45,800 --> 00:14:49,200 individual rights, and the role of the courts in our system of 307 00:14:49,200 --> 00:14:50,520 government. It also highlights the 308 00:14:50,520 --> 00:14:53,760 importance of like, staying informed about current events. 309 00:14:53,760 --> 00:14:56,840 Because these legal issues aren't just like abstract 310 00:14:56,840 --> 00:14:59,320 concepts. They affect real people's lives. 311 00:14:59,320 --> 00:15:02,320 We do. The law is constantly evolving, 312 00:15:02,320 --> 00:15:05,600 and executive orders are like one of the most dynamic tools 313 00:15:05,600 --> 00:15:10,120 shaping that evolution. So as we kind of wrap up our 314 00:15:10,120 --> 00:15:13,280 discussion of the travel ban, what are some key takeaways we 315 00:15:13,280 --> 00:15:17,360 can apply to our understanding of executive orders like more 316 00:15:17,360 --> 00:15:19,840 broadly? Well, I think it reinforces the 317 00:15:19,840 --> 00:15:21,680 importance of statutory authority. 318 00:15:22,280 --> 00:15:25,920 The court's decision in the travel ban case really hinged on 319 00:15:25,920 --> 00:15:28,840 whether the president had exceeded the powers granted to 320 00:15:28,840 --> 00:15:31,880 him by Congress in, you know, immigration law. 321 00:15:31,880 --> 00:15:35,320 So it wasn't just about whether the ban was like a good or bad 322 00:15:35,320 --> 00:15:38,000 idea. No, it was about whether it fit 323 00:15:38,000 --> 00:15:41,080 within like the existing legal framework. 324 00:15:41,080 --> 00:15:42,960 Precisely. And that's a crucial point for 325 00:15:42,960 --> 00:15:45,640 law students to grasp. Executive orders can't just 326 00:15:45,640 --> 00:15:48,360 operate in a vacuum, right? They have to be grounded in 327 00:15:48,360 --> 00:15:52,200 existing law and authorized by Congress, either explicitly or 328 00:15:52,280 --> 00:15:54,240 more implicitly. That's like a game of legal 329 00:15:54,240 --> 00:15:56,400 chess. The president can make moves, 330 00:15:56,400 --> 00:15:58,840 but only within the rules established by Congress. 331 00:15:58,840 --> 00:16:01,040 That's a good analogy. And the courts are there to act 332 00:16:01,040 --> 00:16:04,000 as like referees, making sure everyone plays by the rules. 333 00:16:04,000 --> 00:16:05,360 What else should we keep in mind? 334 00:16:05,640 --> 00:16:08,920 Another key take away is the power of judicial review. 335 00:16:09,280 --> 00:16:12,000 You know, the courts were willing to step in and block 336 00:16:12,000 --> 00:16:15,120 parts of the travel ban that they deemed unconstitutional, 337 00:16:15,520 --> 00:16:17,000 even though it came from the president. 338 00:16:17,400 --> 00:16:20,040 That's reassuring in a way. It shows that the courts are 339 00:16:20,040 --> 00:16:22,320 willing to, like, hold the president accountable. 340 00:16:22,440 --> 00:16:24,840 Yes, even on matters of national security. 341 00:16:24,960 --> 00:16:28,760 It's a vital check on executive power, and it demonstrates that 342 00:16:28,760 --> 00:16:33,000 even the president's actions are subject to judicial scrutiny. 343 00:16:33,360 --> 00:16:34,600 Anything else that stands? Out Yeah. 344 00:16:34,600 --> 00:16:37,600 I think the travel ban saga also highlighted the importance of 345 00:16:37,600 --> 00:16:40,080 like, public opinion and political pressure. 346 00:16:40,560 --> 00:16:43,480 The widespread protests and legal challenges really 347 00:16:43,480 --> 00:16:46,400 influenced how the order was ultimately implemented and 348 00:16:46,400 --> 00:16:47,880 revised. So it wasn't just a legal 349 00:16:47,880 --> 00:16:50,720 battle, it was like a social and political battle as well. 350 00:16:50,720 --> 00:16:53,080 Exactly. Executive orders often operate 351 00:16:53,080 --> 00:16:56,680 at the intersection of law, politics and public opinion, and 352 00:16:56,680 --> 00:16:59,800 understanding that dynamic is key for any lawyer who wants to, 353 00:16:59,800 --> 00:17:02,120 like, work effectively within the system. 354 00:17:02,240 --> 00:17:06,760 It's like a three-dimensional chess game with like legal 355 00:17:06,760 --> 00:17:10,760 arguments, political strategies, and like public sentiment all 356 00:17:10,760 --> 00:17:13,800 vying for influence. Well put, and the travel ban 357 00:17:13,800 --> 00:17:18,040 case was like a master class. And how those forces can collide 358 00:17:18,040 --> 00:17:22,480 and shape the outcome of legal battles over executive power. 359 00:17:22,800 --> 00:17:25,240 So we've seen how executive orders could be used in ways 360 00:17:25,240 --> 00:17:27,800 that are both like, transformative and 361 00:17:27,800 --> 00:17:30,080 controversial. And we've explored how the 362 00:17:30,080 --> 00:17:34,760 courts play a crucial role in like, defining the boundaries of 363 00:17:34,760 --> 00:17:36,200 presidential power. Right. 364 00:17:36,640 --> 00:17:39,600 And as we move forward, I think it's important to kind of shift 365 00:17:39,600 --> 00:17:43,840 gears a bit and address some common misconceptions about 366 00:17:43,840 --> 00:17:46,200 executive orders. Yeah, because I feel like 367 00:17:46,200 --> 00:17:49,320 there's a lot of confusion out there about what they are, what 368 00:17:49,320 --> 00:17:53,440 they can do and how they fit into like our legal system. 369 00:17:53,440 --> 00:17:56,880 Absolutely, and those misconceptions can lead to like, 370 00:17:56,880 --> 00:18:00,160 misunderstandings and even misapplications of the law. 371 00:18:00,200 --> 00:18:02,760 So let's clear the air. What are some of the biggest 372 00:18:02,760 --> 00:18:05,400 myths about executive orders that we need to debunk? 373 00:18:05,400 --> 00:18:08,160 One of the most common ones is that they're basically the same 374 00:18:08,160 --> 00:18:11,560 as laws passed by Congress. Yeah, I can see how people might 375 00:18:11,560 --> 00:18:13,760 get confused. They both have legal weight. 376 00:18:13,760 --> 00:18:16,120 They do, but there's a fundamental difference. 377 00:18:16,240 --> 00:18:20,280 Only Congress can create new laws through, you know, 378 00:18:20,280 --> 00:18:23,560 legislation. Executive orders operate within 379 00:18:23,560 --> 00:18:26,920 the framework of existing laws. They're about interpreting, 380 00:18:27,120 --> 00:18:29,480 clarifying, and executing those laws. 381 00:18:29,480 --> 00:18:30,680 It's. Just like the difference between 382 00:18:30,680 --> 00:18:33,480 like writing the recipe and actually cooking the dish. 383 00:18:33,720 --> 00:18:36,920 I like that analogy. Yeah, Congress provides the 384 00:18:36,920 --> 00:18:40,200 ingredients and instructions, but the president decides how to 385 00:18:40,200 --> 00:18:42,920 put it all together. And just like a chef can't, 386 00:18:42,920 --> 00:18:45,720 like, add ingredients that aren't in the recipe, the 387 00:18:45,720 --> 00:18:48,800 president can't use an executive order to go beyond what the law 388 00:18:48,800 --> 00:18:50,240 allows. Exactly. 389 00:18:50,280 --> 00:18:52,840 It keeps the power of executive orders in check. 390 00:18:53,280 --> 00:18:55,280 What other misconceptions come to mind? 391 00:18:56,640 --> 00:18:59,560 Well, I've also heard people say that like, executive orders are 392 00:18:59,560 --> 00:19:03,560 just temporary, like they could be easily erased by the next 393 00:19:03,560 --> 00:19:04,880 president. That's another common 394 00:19:04,880 --> 00:19:07,720 misconception. While it's true that presidents 395 00:19:07,720 --> 00:19:10,920 can, you know, revoke their own orders or those of their 396 00:19:10,920 --> 00:19:14,600 predecessors, the effects of an executive order can be long 397 00:19:14,600 --> 00:19:16,080 lasting. How so? 398 00:19:16,120 --> 00:19:19,080 If a new president comes in and wants to like change course, 399 00:19:19,440 --> 00:19:21,800 can't they just undo what the previous president did? 400 00:19:22,120 --> 00:19:25,120 It's not always that simple. Think about policies that have 401 00:19:25,120 --> 00:19:28,240 been established, agencies that have been created, or funds that 402 00:19:28,240 --> 00:19:30,800 have been allocated as a result of an executive order. 403 00:19:31,400 --> 00:19:35,320 So even if the order itself is revoked, undoing those changes 404 00:19:35,320 --> 00:19:37,840 can be like a logistical nightmare. 405 00:19:37,840 --> 00:19:39,000 It is. It's like trying to put 406 00:19:39,000 --> 00:19:40,920 toothpaste back in the tube. Right. 407 00:19:41,120 --> 00:19:45,120 Plus, some executive orders might have led to like legal or 408 00:19:45,160 --> 00:19:48,720 social changes that become like deeply ingrained in our system, 409 00:19:48,960 --> 00:19:51,280 even if the original order isn't in effect anymore. 410 00:19:51,280 --> 00:19:52,800 Exactly. Think about like the 411 00:19:52,800 --> 00:19:55,200 desegregation of the armed forces, for example. 412 00:19:55,200 --> 00:19:57,440 That wasn't just reversed when a new president came in. 413 00:19:57,440 --> 00:20:00,680 It became like a fundamental part of of our military and 414 00:20:00,680 --> 00:20:03,560 society. So the legacy of an executive 415 00:20:03,560 --> 00:20:06,520 order can extend far beyond the president who issued it. 416 00:20:06,640 --> 00:20:08,400 Absolutely. And that's why studying 417 00:20:08,400 --> 00:20:11,000 executive orders is so important for law students. 418 00:20:11,000 --> 00:20:14,040 You need to understand not only the immediate legal impact, but 419 00:20:14,040 --> 00:20:17,880 also the, you know, potential long term consequences. 420 00:20:17,880 --> 00:20:20,760 That's like legal archaeology, like digging through layers of 421 00:20:20,760 --> 00:20:23,240 executive orders to see how they've shaped the legal 422 00:20:23,240 --> 00:20:25,680 landscape we have today. I love that image, and you'll be 423 00:20:25,680 --> 00:20:28,600 surprised how often those historical precedents come up in 424 00:20:28,600 --> 00:20:32,160 like modern legal arguments and court decisions. 425 00:20:32,160 --> 00:20:35,240 So it's not just about like passing the bar exam, it's about 426 00:20:35,240 --> 00:20:38,280 understanding like the historical context and evolution 427 00:20:38,280 --> 00:20:40,800 of legal principles that we'll be working with throughout our 428 00:20:40,800 --> 00:20:42,200 careers. Exactly. 429 00:20:42,200 --> 00:20:46,480 Executive orders provide a fascinating window into how the 430 00:20:46,480 --> 00:20:50,560 law has been shaped and reshaped over time, often in response to, 431 00:20:50,600 --> 00:20:52,840 you know, social, political and economic forces. 432 00:20:52,840 --> 00:20:56,440 OK, so we've busted some myths about executive orders and 433 00:20:56,440 --> 00:20:59,120 highlighted why they're so important for law students to 434 00:20:59,120 --> 00:21:00,400 understand. Right. 435 00:21:00,600 --> 00:21:03,680 And now I think it's time to equip our listeners with some 436 00:21:03,960 --> 00:21:06,960 practical strategies for tackling those tricky executive 437 00:21:06,960 --> 00:21:09,200 order questions that might pop up on their exams. 438 00:21:09,440 --> 00:21:11,920 Yeah, because let's be real, those exam questions can be 439 00:21:11,920 --> 00:21:14,760 pretty intimidating. They can be, but with the right 440 00:21:14,760 --> 00:21:17,800 approach you can like break them down and demonstrate your 441 00:21:17,800 --> 00:21:22,080 mastery of the the subject. So what's the secret sauce? 442 00:21:22,680 --> 00:21:25,880 How can we approach executive order questions like 443 00:21:25,960 --> 00:21:29,560 strategically and increase our chances of, you know, acing 444 00:21:29,560 --> 00:21:31,680 those exams? Well, first and foremost, you 445 00:21:31,680 --> 00:21:34,240 need to have a solid grasp of the, you know, the legal 446 00:21:34,240 --> 00:21:36,600 framework. Remember, executive orders can't 447 00:21:36,600 --> 00:21:39,160 just operate in a vacuum. They have to be grounded in 448 00:21:39,160 --> 00:21:41,680 existing law and authorized by Congress. 449 00:21:41,680 --> 00:21:45,880 So step one, make sure the executive order has like a legal 450 00:21:45,880 --> 00:21:47,840 leg to stand. On exactly look for the source 451 00:21:47,840 --> 00:21:50,680 of authority. Is there a specific statute that 452 00:21:50,680 --> 00:21:55,440 grants the President power in this area, or is the authority 453 00:21:55,440 --> 00:21:59,360 more implicit based on the president's, you know, broader 454 00:21:59,360 --> 00:22:00,800 executive powers? Right. 455 00:22:00,800 --> 00:22:03,800 Because if there's no legal basis for the order, it's likely 456 00:22:03,800 --> 00:22:06,440 to be like challenged and potentially struck down. 457 00:22:06,480 --> 00:22:08,200 Exactly. Once you've established that, 458 00:22:08,200 --> 00:22:12,240 like legal foundation, the next step is to analyze the scope of 459 00:22:12,240 --> 00:22:14,080 the order. What is the president actually 460 00:22:14,080 --> 00:22:17,640 trying to do? What are the specific actions or 461 00:22:17,640 --> 00:22:21,120 policies being mandated? So it's about understanding like 462 00:22:21,440 --> 00:22:25,280 the nuts and bolts of the order, not just the like big picture 463 00:22:25,280 --> 00:22:26,080 goal. Exactly. 464 00:22:26,080 --> 00:22:28,840 Pay attention to the details. What agencies are involved? 465 00:22:28,960 --> 00:22:30,760 What are their specific responsibilities? 466 00:22:30,760 --> 00:22:33,960 Are there any like deadlines or timeframes mentioned? 467 00:22:33,960 --> 00:22:36,840 It's like being like a legal detective, piercing together the 468 00:22:36,840 --> 00:22:39,280 clues to understand the full impact of the order. 469 00:22:39,280 --> 00:22:42,320 I love that analogy, and once you have a clear understanding 470 00:22:42,320 --> 00:22:45,320 of what the order is trying to achieve, the next step is to 471 00:22:45,320 --> 00:22:48,040 consider the potential challenges. 472 00:22:48,640 --> 00:22:50,240 Here come those checks and balances again. 473 00:22:50,440 --> 00:22:53,840 Exactly. Could Congress try to overturn 474 00:22:53,840 --> 00:22:55,920 or limit the order through legislation? 475 00:22:55,920 --> 00:22:58,000 Could the courts find it unconstitutional? 476 00:22:58,920 --> 00:23:02,760 Are there any like interest groups or individuals likely to 477 00:23:02,760 --> 00:23:05,440 file lawsuits? So it's not enough to just like, 478 00:23:05,720 --> 00:23:08,520 analyze the order in isolation. We need to think about how it 479 00:23:08,520 --> 00:23:11,360 fits into the like broader legal and political landscape. 480 00:23:11,520 --> 00:23:13,480 Precisely. And that's where your knowledge 481 00:23:13,480 --> 00:23:16,760 of constitutional law, administrative law, and even 482 00:23:16,760 --> 00:23:18,880 like current events comes into play. 483 00:23:18,880 --> 00:23:21,120 It's like a legal puzzle where you have to consider all the 484 00:23:21,120 --> 00:23:22,720 pieces and how they fit together. 485 00:23:22,720 --> 00:23:24,960 Exactly. And by taking like a systematic 486 00:23:24,960 --> 00:23:28,320 and thorough approach, you can demonstrate your, you know, 487 00:23:28,320 --> 00:23:31,640 understand standing of executive orders and impress those bar 488 00:23:31,640 --> 00:23:34,640 examiners. OK, so we've got a kind of road 489 00:23:34,640 --> 00:23:37,440 map for analyzing executive orders, but what about those 490 00:23:37,480 --> 00:23:40,240 essay questions? How can we structure our answers 491 00:23:40,240 --> 00:23:43,400 to like, showcase our knowledge and earn those top marks? 492 00:23:43,680 --> 00:23:46,920 That's a great question and one that, like many law students, 493 00:23:46,920 --> 00:23:48,040 struggle with. I know I do. 494 00:23:48,040 --> 00:23:50,920 Sometimes I feel like I'm just rambling on hoping to like hit 495 00:23:50,920 --> 00:23:54,040 the right points. I understand, but there's a 496 00:23:54,040 --> 00:23:56,840 better way. The key is to use a clear and 497 00:23:56,840 --> 00:23:59,680 organized framework that you know guides your analysis and 498 00:23:59,680 --> 00:24:01,600 helps you present your arguments effectively. 499 00:24:01,760 --> 00:24:04,920 So what kind of like framework are we talking about? 500 00:24:05,120 --> 00:24:08,800 Well, one approach is to use the IRS method which stands for 501 00:24:08,800 --> 00:24:12,680 Issue Rule, Application and Conclusion. 502 00:24:13,400 --> 00:24:16,400 The trustee IRS method. Yes, we use that for like pretty 503 00:24:16,400 --> 00:24:17,800 much every legal essay. Right. 504 00:24:17,800 --> 00:24:21,480 It's a classic for a reason. It helps you breakdown complex 505 00:24:21,880 --> 00:24:24,800 legal issues into like manageable steps. 506 00:24:25,080 --> 00:24:29,280 So how do we apply IRS to like an executive order essay 507 00:24:29,280 --> 00:24:31,360 question? First, you need to identify the 508 00:24:31,360 --> 00:24:33,160 issue. What is the specific legal 509 00:24:33,160 --> 00:24:37,000 question being asked? Is it about the the scope of 510 00:24:37,000 --> 00:24:39,920 presidential power? The constitutionality of the 511 00:24:39,920 --> 00:24:42,360 order? Or, you know, something else. 512 00:24:42,360 --> 00:24:43,840 Right, because we need to make sure we're actually like 513 00:24:43,840 --> 00:24:46,600 answering the question being asked exactly, not just throwing 514 00:24:46,600 --> 00:24:47,920 out everything we know about executive. 515 00:24:47,920 --> 00:24:49,640 Order exactly. Once you've identified the 516 00:24:49,640 --> 00:24:51,800 issue, the next step is to state the rule. 517 00:24:52,080 --> 00:24:55,040 What are the relevant legal principles that apply to this 518 00:24:55,040 --> 00:24:58,120 situation? So we might cite, like Article 2 519 00:24:58,120 --> 00:25:01,760 of the Constitution, relevant case law or specific statutes 520 00:25:01,760 --> 00:25:04,560 that like grant or limit presidential power in this area. 521 00:25:04,560 --> 00:25:06,800 Precisely. And then comes the application. 522 00:25:07,040 --> 00:25:09,960 OK, This is where you connect the rule to the facts of the 523 00:25:09,960 --> 00:25:13,880 case and explain how the legal principles apply in, you know, 524 00:25:13,960 --> 00:25:17,440 this specific situation. So we might analyze the language 525 00:25:17,440 --> 00:25:20,760 of the executive order, the President's like stated goals, 526 00:25:21,000 --> 00:25:23,920 and any potential challenges based on like constitutional 527 00:25:23,920 --> 00:25:27,760 law, statutory law, or prior case law. 528 00:25:27,760 --> 00:25:30,400 Exactly. And finally, you wrap things up 529 00:25:30,400 --> 00:25:33,320 with a conclusion. What is your overall assessment 530 00:25:33,320 --> 00:25:37,960 of the legality or constitutionality of the the 531 00:25:37,960 --> 00:25:39,880 executive order? So we're basically making a 532 00:25:39,880 --> 00:25:42,360 judgment call based on our analysis of the law and the 533 00:25:42,360 --> 00:25:43,360 facts. Exactly. 534 00:25:43,360 --> 00:25:47,880 And by using the IRS method, you can present your arguments in a, 535 00:25:48,000 --> 00:25:50,320 you know, a clear, concise and persuasive manner. 536 00:25:50,320 --> 00:25:52,960 It's like building a legal argument like brick by brick. 537 00:25:52,960 --> 00:25:56,200 Yes, making sure each step is like logically connected and 538 00:25:56,200 --> 00:25:59,000 supported by evidence. Exactly, And the more you 539 00:25:59,000 --> 00:26:01,840 practice this approach, the more comfortable you'll become 540 00:26:01,840 --> 00:26:05,680 applying it to like a variety of legal issues, not just executive 541 00:26:05,680 --> 00:26:07,080 orders. That's the beauty of law school, 542 00:26:07,080 --> 00:26:08,960 isn't it? We're learning skills that will 543 00:26:08,960 --> 00:26:12,240 serve us well throughout our careers, no matter what area of 544 00:26:12,240 --> 00:26:14,200 law we end up, you know, specializing in. 545 00:26:14,200 --> 00:26:18,440 Absolutely, and by mastering the art of legal analysis, you'll be 546 00:26:19,080 --> 00:26:21,880 well equipped to tackle any challenge that comes your way. 547 00:26:21,880 --> 00:26:22,560 All. Right. 548 00:26:22,560 --> 00:26:25,200 So we've got the legal framework down, we've debunked some common 549 00:26:25,200 --> 00:26:28,800 misconceptions, and we've got a solid strategy for tackling 550 00:26:28,800 --> 00:26:33,040 those exam questions. But before we wrap things up, I 551 00:26:33,040 --> 00:26:35,880 think it's important to address 1 more aspect of executive 552 00:26:35,880 --> 00:26:39,680 orders that can be particularly tricky for for law students. 553 00:26:39,880 --> 00:26:42,680 OK, I'm intrigued. What else do we need to have on 554 00:26:42,680 --> 00:26:44,680 our radar? It's the issue of policy 555 00:26:44,680 --> 00:26:47,400 considerations. Remember, executive orders 556 00:26:47,400 --> 00:26:50,280 aren't just about like, abstract legal principles, right? 557 00:26:50,360 --> 00:26:53,200 They often reflect the president's policy agenda and 558 00:26:53,200 --> 00:26:56,200 can have a significant impact on public policy. 559 00:26:56,360 --> 00:26:59,600 So it's not enough to just analyze the legality of an 560 00:26:59,600 --> 00:27:01,360 order. We also need to consider it's 561 00:27:01,360 --> 00:27:04,200 like practical implications and potential consequences. 562 00:27:04,200 --> 00:27:06,400 Exactly. And this is where things can get 563 00:27:06,400 --> 00:27:10,880 a little messy because policy considerations can be, you know, 564 00:27:10,960 --> 00:27:14,000 subjective and often involve competing values. 565 00:27:14,040 --> 00:27:17,840 For example, an executive order aimed at, like, protecting the 566 00:27:17,840 --> 00:27:21,440 environment might be praised by, you know, environmental groups, 567 00:27:21,800 --> 00:27:25,840 but criticized by businesses who argue that it's too costly or 568 00:27:25,840 --> 00:27:28,520 burdensome. Precisely and that's where your 569 00:27:28,880 --> 00:27:30,600 your critical thinking skills come into play. 570 00:27:30,600 --> 00:27:33,360 You need to be able to weigh the pros and cons, consider 571 00:27:33,360 --> 00:27:37,000 different perspectives, and form your own, you know, informed 572 00:27:37,000 --> 00:27:39,360 opinion. And so going beyond the like 573 00:27:39,440 --> 00:27:43,360 black letter law and grappling with the real world implications 574 00:27:43,360 --> 00:27:45,000 of legal decisions. Exactly. 575 00:27:45,000 --> 00:27:47,720 And that's what makes the study of executive orders so 576 00:27:47,720 --> 00:27:50,640 fascinating and relevant. It forces us to engage with the 577 00:27:50,640 --> 00:27:54,760 law not just as a set of rules, but as, you know, a dynamic 578 00:27:54,760 --> 00:27:57,680 force that shapes our society. It's like taking the law out of 579 00:27:57,680 --> 00:27:59,400 the textbooks and like bringing it to life. 580 00:27:59,640 --> 00:28:05,200 Precisely, And by developing a nuanced understanding of 581 00:28:05,200 --> 00:28:08,920 executive orders, you'll be well prepared to navigate the 582 00:28:08,920 --> 00:28:12,240 complexities of the legal profession and make a meaningful 583 00:28:12,240 --> 00:28:14,200 contribution to the world. Well said. 584 00:28:15,080 --> 00:28:18,560 So as we wrap up like Part 2 of our deep dive, what are some key 585 00:28:18,560 --> 00:28:21,160 takeaways we want our listeners to remember about the policy 586 00:28:21,160 --> 00:28:22,640 implications of executive orders? 587 00:28:23,200 --> 00:28:25,960 1st, it's important to recognize that executive orders are not 588 00:28:25,960 --> 00:28:29,960 just legal documents, right? They are also policy statements 589 00:28:29,960 --> 00:28:33,600 that reflect the president's priorities and, you know, vision 590 00:28:33,600 --> 00:28:36,160 for the country. So when analyzing an executive 591 00:28:36,160 --> 00:28:39,440 order, we need to ask ourselves, what is the president trying to 592 00:28:39,440 --> 00:28:42,640 achieve with this order? What problem are they trying to 593 00:28:42,640 --> 00:28:47,320 solve or what policy are they trying to, you know, advance? 594 00:28:47,320 --> 00:28:49,320 Exactly. And then we need to consider the 595 00:28:49,320 --> 00:28:51,880 potential consequences of those policy choices, right? 596 00:28:51,960 --> 00:28:53,320 Who will benefit from this order? 597 00:28:53,320 --> 00:28:55,560 Who might be harmed? Are there any unintended 598 00:28:55,560 --> 00:28:58,880 consequences that we need to be aware of? 599 00:28:59,080 --> 00:29:01,480 It's about looking beyond the like, immediate impact. 600 00:29:01,480 --> 00:29:03,360 Exactly. And thinking about the like long 601 00:29:03,360 --> 00:29:05,280 term ripple effects. Precisely. 602 00:29:05,640 --> 00:29:09,080 And finally, we need to be able to articulate our own, you know, 603 00:29:09,080 --> 00:29:12,440 informed opinions about the policy implications of executive 604 00:29:12,440 --> 00:29:14,080 orders. Right, because as future 605 00:29:14,080 --> 00:29:18,920 lawyers, we'll be called upon to like, advise clients, advocate 606 00:29:18,920 --> 00:29:22,200 for change, and make decisions that, you know, impact public 607 00:29:22,200 --> 00:29:25,320 policy. Exactly, and by developing a a 608 00:29:26,560 --> 00:29:29,160 strong understanding of executive orders and their 609 00:29:29,160 --> 00:29:32,840 policy implications, you'll be well equipped to navigate those 610 00:29:32,840 --> 00:29:34,920 challenges and make a positive difference in the world. 611 00:29:34,960 --> 00:29:37,360 Well said. Now I'm really curious to hear 612 00:29:37,360 --> 00:29:41,160 about some more like historical examples of executive orders 613 00:29:41,160 --> 00:29:43,720 that have had a significant impact on public policy. 614 00:29:44,120 --> 00:29:46,920 There are so many fascinating cases we could explore. 615 00:29:46,920 --> 00:29:49,160 Yeah, I'm all ears. Give me the highlights. 616 00:29:49,400 --> 00:29:52,240 What are some executive orders that really stand out as like 617 00:29:52,440 --> 00:29:53,960 game changers in American history? 618 00:29:54,040 --> 00:29:55,160 All right. Well, how about we start with 619 00:29:55,160 --> 00:29:58,840 one that's particularly relevant to our discussion of policy 620 00:29:58,840 --> 00:30:00,520 considerations? OK, I'm intrigued. 621 00:30:00,720 --> 00:30:02,680 Lay it on me. OK, let's talk about Executive 622 00:30:02,680 --> 00:30:06,760 Order 1866, signed by President Bill Clinton in 1993. 623 00:30:07,040 --> 00:30:08,560 OK, that one, yeah, it rings a bell. 624 00:30:08,600 --> 00:30:09,880 What was the a big deal about that one? 625 00:30:10,160 --> 00:30:12,400 Well, this order focused on regulatory review. 626 00:30:12,680 --> 00:30:16,240 It required federal agencies to conduct cost benefit analysis 627 00:30:16,240 --> 00:30:19,680 before issuing new regulations. It was about making sure that 628 00:30:19,960 --> 00:30:22,920 like regulations were justified and wouldn't have like 629 00:30:22,920 --> 00:30:24,680 unintended negative consequences. 630 00:30:24,680 --> 00:30:26,440 Exactly. The goal was to promote 631 00:30:26,440 --> 00:30:29,120 efficiency and prevent, you know, over regulation. 632 00:30:29,360 --> 00:30:32,400 However, you know, critics argued that it gave too much 633 00:30:32,400 --> 00:30:35,320 power to industry groups and it could stifle important 634 00:30:35,320 --> 00:30:38,520 protections for, you know, public health, safety and the 635 00:30:38,520 --> 00:30:41,200 environment. There's that classic tension 636 00:30:41,200 --> 00:30:44,800 between, like, economic interests and regulatory 637 00:30:44,800 --> 00:30:46,640 oversight, right? It sounds like a debate that 638 00:30:46,640 --> 00:30:48,720 could go on forever. It definitely still resonates 639 00:30:48,720 --> 00:30:52,080 today. Regulatory review remains like a 640 00:30:52,080 --> 00:30:56,960 hot button issue, and Executive Order 112866 continues to be 641 00:30:56,960 --> 00:31:01,080 cited in, you know, legal arguments and policy debates. 642 00:31:01,120 --> 00:31:04,280 So this executive order wasn't just a one time thing, it had a 643 00:31:04,280 --> 00:31:07,920 ripple effect that continues to shape how we like approach 644 00:31:07,920 --> 00:31:09,520 regulation. Precisely. 645 00:31:09,560 --> 00:31:12,120 And that's why it's such a valuable case study, I think, 646 00:31:12,120 --> 00:31:13,280 for law students. Yeah. 647 00:31:13,280 --> 00:31:16,240 It demonstrates how executive orders can have a lasting 648 00:31:16,240 --> 00:31:19,560 legacy, you know, influencing the way we think about and 649 00:31:20,520 --> 00:31:22,600 address complex policy challenges. 650 00:31:22,600 --> 00:31:24,880 It's like a legal time capsule. Yeah. 651 00:31:24,880 --> 00:31:27,600 Offering insights into the evolution of regulatory policy. 652 00:31:27,600 --> 00:31:29,880 Exactly. And it reminds us that the law 653 00:31:29,880 --> 00:31:32,840 is not static, right? It's constantly being shaped and 654 00:31:32,840 --> 00:31:37,640 reshaped by political, economic and social forces. 655 00:31:37,640 --> 00:31:39,800 OK. So we've covered a lot of ground 656 00:31:39,800 --> 00:31:43,280 today. We have from like the basics of 657 00:31:43,280 --> 00:31:46,880 what executive orders are to some pretty heavy historical and 658 00:31:46,880 --> 00:31:50,200 legal examples. What are some like key takeaways 659 00:31:50,200 --> 00:31:51,760 we want our listeners to walk away with? 660 00:31:51,960 --> 00:31:54,520 First and foremost, I think it's crucial to remember that 661 00:31:54,520 --> 00:31:56,440 executive orders are powerful tools. 662 00:31:56,760 --> 00:32:00,040 They can be used to advance, you know, important goals like 663 00:32:00,920 --> 00:32:03,960 protecting national security, promoting social justice or 664 00:32:04,640 --> 00:32:07,800 safeguarding the environment. But like any powerful tool, they 665 00:32:07,800 --> 00:32:11,840 can also be misused or lead to like unintended consequence. 666 00:32:11,840 --> 00:32:13,360 Exactly. That's why it's so important to 667 00:32:13,360 --> 00:32:17,040 approach executive orders with like a critical eye to 668 00:32:17,040 --> 00:32:20,760 understand their legal basis, their intended purpose, and 669 00:32:20,760 --> 00:32:24,520 their potential impact on, you know, different stakeholders. 670 00:32:24,520 --> 00:32:27,640 And to remember that they're not just like abstracts, legal 671 00:32:27,640 --> 00:32:29,520 concepts. They can have real world 672 00:32:29,520 --> 00:32:32,600 consequences for like like individuals, businesses and 673 00:32:32,600 --> 00:32:34,760 entire industries. Absolutely, and as future 674 00:32:34,760 --> 00:32:38,280 lawyers, it's our responsibility to understand how these orders 675 00:32:38,280 --> 00:32:41,840 work, how they're used, and how we can ensure that they're used 676 00:32:41,840 --> 00:32:45,360 responsibly and ethically. It's about more than just like 677 00:32:45,480 --> 00:32:49,560 passing the bar exam, it's about using our legal knowledge and 678 00:32:49,560 --> 00:32:52,240 skills to like make a positive impact on the. 679 00:32:52,240 --> 00:32:55,240 World, I couldn't agree more. So as you continue your legal 680 00:32:55,240 --> 00:32:59,000 studies, keep exploring, keep questioning, and, you know, keep 681 00:32:59,000 --> 00:33:00,880 striving to make a difference. Well said. 682 00:33:01,120 --> 00:33:03,760 And on that note, I want to thank you for joining us on this 683 00:33:03,760 --> 00:33:06,640 deep dive into the fascinating world of executive orders. 684 00:33:06,640 --> 00:33:08,680 It's been my pleasure. And to our listeners out there, 685 00:33:08,680 --> 00:33:13,800 remember knowledge is power. Stay curious, stay engaged, and 686 00:33:13,800 --> 00:33:18,200 never underestimate the impact you can have as future legal 687 00:33:18,200 --> 00:33:20,280 professionals. Keep those legal minds sharp, 688 00:33:20,280 --> 00:33:22,080 and we'll see you on the next deep dive.