Understanding Trump's Executive Order on Police Reform

On June 16, 2020, President Donald Trump signed Executive Order 13929, commonly known as the Executive Order on Police Reform. This move was made in the context of ongoing discussions in Congress over police reform measures. In this article, we'll break down why Trump signed this Executive Order, the legal context surrounding it, and its implications for ongoing discussions in Congress.

Why Did Trump Sign an Executive Order on Police Reform?

Trump signed this Executive Order mainly because Congress has a reputation for being slow and inefficient. Additionally, it allows for immediate action on police reform while Congress debates and works on the best possible bill.

The Short Answer: Trump signed the Executive Order to address the lack of legislative action and to push for immediate reform.

Understanding Executive Orders

Before delving into the specifics of Executive Order 13929, it's essential to understand what an Executive Order is and its legal standing.

What is an Executive Order?

An Executive Order is a directive issued by the President of the United States that manages operations within the federal government or that carries out certain policy initiatives. An Executive Order does not have the same legislative power as a law passed by Congress. However, it carries the force of law and takes effect immediately upon signing.

Key Points:

An Executive Order is not a law but has the force of law. Executive Orders can be overturned by Congress if they are deemed unconstitutional or in violation of other Congressional laws. They are temporary rules governing how laws are implemented or enforced. They are codified under Title 2 of the Code of Federal Regulations annually.

Legislative Authority and Federal vs. State Power

Our country is a Constitutional Republic that consists of a federation of states. The Constitution provides that the federal government only has certain powers, while states, counties, and local governments manage police services. Due to this federalist structure, the federal government's authority over states is limited.

While laws are typically preferred over Executive Orders, the President's signing authority is justified under Article II and the Vificate Clause of the US Constitution. This gives the President the power to issue Executive Orders and sign Congressional bills into law. However, the President can also veto laws passed by Congress.

The Immediate Impact and Congressional Debate

While the Executive Order aims to provide immediate reform, it creates space for Congress to debate and possibly enact more comprehensive police reform legislation. The focus of the order is on choking holds and the use of deadly force, ensuring compliance with legal standards.

The specifics of this Executive Order are as follows:

Chokeholds are explicitly outlawed, defined as actions that restrict an individual's ability to breathe for the purposes of incapacitation. These actions fall under the category of deadly force, which can only be used under legal circumstances. This provision is designed to prevent actions similar to those carried out by police officers, leading to the death of George Floyd.

The Current Status of the Order

Until Congress agrees on a viable police reform bill, the Executive Order by Trump will remain in effect. This gives Congress the time they need to debate, draft, and pass reforms. The Department of Homeland Security and local law enforcement agencies have pledged to enforce the order.

Key Takeaways:

The Executive Order is intended to provide immediate reform while Congress debates and potentially passes a more comprehensive bill. The GOP and Democrats have opposing views on the scope of the order, but an agreed solution is necessary for it to stand. Until a new bill is passed, the Executive Order will remain in effect, potentially replacing or working in conjunction with any new legislation.

In conclusion, while Trump's Executive Order on police reform aims to address immediate concerns, it also leaves room for ongoing legislative debate. The complexity of the issue necessitates a balance between immediate action and long-term legislative solutions.