Attorney Josh Kolsrud Sharing Insights on Executive Orders With 3TV News

Jan 27, 2025 - AZFamily 3TV News, Phoenix

Attorney Josh Kolsrud Discusses The Question - What Are Executive Orders?

If you’ve been following politics for any length of time, you’ve likely heard the term “executive order” used whenever a new administration takes office. Presidents often rely on executive orders to direct how federal laws should be enforced. During a recent interview on Phoenix’s AZFamily 3TV, defense attorney Josh Kolsrud broke down exactly what executive orders are and how they fit into the U.S. legal system.

 

A Tool of the Executive Branch

“The Executive Branch is responsible for enforcing laws that are already on the books,” Kolsrud explained. Executive orders function like company memos from a CEO to employees—telling them how to apply or prioritize existing rules. Contrary to popular belief, an executive order cannot independently create brand-new law; it must be rooted in laws that Congress has already passed.

 

Are Executive Order Different from Legislation?

There are generally three ways to change U.S. law:

• A Congressional act (or statute), which has the most staying power because it goes through both houses of Congress and then gets signed by the President.

• Judicial rulings (or common law), which interpret existing laws and can declare whether something is constitutional or not.

• Executive orders, which direct federal agencies on how to enforce existing statutes.

 

Compared to a Congressional act, Kolsrud noted that executive orders “hold the least amount of teeth.” When Congress passes a law, overturning it requires another act of Congress (or a subsequent judicial decision). By contrast, executive orders can be fairly quickly rescinded, modified, or superseded by any subsequent President.

 

Executive Order Can Be Easily Reversed

Because a new President can issue a fresh executive order revoking a previous one, these directives often change from one administration to the next. Kolsrud highlighted that President Trump rescinded many of Obama’s orders, and then President Biden rescinded many of Trump’s. This illustrates the inherently temporary nature of executive orders: they do not become permanent fixtures of the law unless Congress codifies them.

 

Past Examples, Controversial Impact

Kolsrud also pointed out several historically significant executive orders. One example is the Emancipation Proclamation, issued by Abraham Lincoln during the Civil War—it freed enslaved people in Confederate states. Another example with a more troubling legacy is President Franklin D. Roosevelt’s order to place Japanese Americans in internment camps during World War II. More recently, President Obama’s Deferred Action for Childhood Arrivals (DACA) became notable for helping undocumented individuals brought to the U.S. as children.

 

According to Kolsrud, many executive orders become embroiled in controversy, especially when they address hot-button issues. In such cases, courts may step in to decide whether an order oversteps legal boundaries—further emphasizing that executive orders, while powerful, are not above judicial review.

 

Why Executive Orders Matter

Executive orders can significantly shape national policies on immigration, healthcare, the environment, and more—often with immediate effect. Kolsrud’s analysis reminds us, however, that they do not replace or supersede actual legislation passed by Congress. Essentially, executive orders represent the President’s interpretive “handbook” for the laws Congress enacts.

 

In short, understanding executive orders begins with recognizing their unique place in the constitutional framework. They are vital instruments of presidential power—used frequently by every administration—but remain subject to change by future Presidents and the oversight of the courts. According to Josh Kolsrud’s plain-spoken explanation, they are the shortest route to policy guidance yet also the easiest to undo.

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