Executive Orders & Federal Directives Cannot Override Legislation, Case Law, & U.S. Constitution

Resource Type: Analysis & Research
Focus Area: Ensuring Equal Access

Executive orders are written directives issued by the president primarily directing officials in the executive branch to ensure current laws are faithfully executed. It is important to note that they do not have the force of law, cannot usurp legislative authority, appropriate funds, or contradict or override federal laws and statutes. Similarly, federal guidance, including “Dear Colleague” letters, are issued by federal agencies and cannot override statutes, create new law, or impose legal restrictions that violate current laws or the constitutional rights of individuals. Learn more about executive orders and federal directives in this analysis.

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