미국 대통령 정책실현 수단으로서의 행정명령: 트럼프 행정부 시기를 중심으로

In this paper we analyzed the timing and content characteristics of executive orders issued during the three years of Trump’s presidency. The reason behind the growing number of executive orders as an independent means of policy implementation is that there has been a growing demand from the public for the president’s active role and responsibility in the areas that have traditionally been believed to be the prerogative of the parliament, and that the president’s tendency to seek independent means of policy implementation has intensified as the deepening partisan polarization has made it difficult for him to reach a bipartisan agreement. The executive order which amounted to forty-one percent overall came into effect in 2017, the first year of Trump’s presidency, which can be seen as a way to quickly shape the policy pledges he made in the process of election, and clearly show the difference in Trump-style politics. In terms of content, five categories were considered: securing political support, setting agendas for the international community, expanding democracy, establishing pro-American governments, and setting up the world police sate. Excessive executive orders issued under the Trump administration have sometimes undermined the separation of powers. The president will be tempted to assert his intrinsic authority and rely on executive orders to implement his own policies. Control of executive orders could also enact or amend laws that deny their effectiveness if there is a problem with an executive order at the parliamentary level or impose sanctions through the budget laws. In addition, the constitutionality and legality of the courts will be contested for judicial control. However, considering empirical research showing that cases of control by parliament or court are extremely limited, it is not likely to be easy to control the president’s executive order.