Trump's Executive Orders Leave Agenda Vulnerable

Commentators argue that without congressional action, much of the president's second-term policy could be reversed.

Updated on Nov. 5, 2026 in Economic Policy

Bold flat-color editorial illustration in deep red and cream, showing a simplified dome silhouette beside a fractured column, evoking the fragility of executive-order policy. — President Trump's second-term policies rest largely on executive orders that Congress has not codified, leaving them vulnerable to reversal by future administrations. AI Illustration. Upload story photo >

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Do you trust federal policies made by executive order to last beyond one presidency?

Erick Erickson warned that most of Trump's second-term policies rest on executive orders, which he said leave them impermanent. He suggested the president may need to work with Democrats on permanent legislation to shape his legacy.

Why it matters

Executive orders can be reversed by later administrations and have been blocked in court on tariffs, election rules, and birthright citizenship. Congressional legislation would give the policies a more durable legal footing across the country.

The American Presidency Project at UC Santa Barbara counts an average of 166 executive orders per year in Trump's second term. Democrats are projected to hold at least 54 Senate seats and 251 House seats in the 120th Congress, though whether they will back lasting legislation is not yet known.

The players

Erick Erickson

Erick Erickson is a conservative political commentator and radio host known for his analysis of Republican politics and presidential policy.

Donald Trump

Donald Trump is the current President of the United States, serving his second term after previously holding the office from 2017 to 2021.

The details

Erickson argued that tariffs, election regulation, and birthright citizenship actions were taken without Congress, and that the Supreme Court has mostly blocked them. He pointed to Trump's withdrawal from the Paris climate agreement, which Biden reversed on his first day in office and Trump repeated in the first week of his second term.

First term: Trump withdrew from the Paris climate agreement.
First day in office (Biden): Biden reversed the Paris withdrawal.
First week of second term: Trump withdrew from the Paris agreement again.
Election night 2026: Trump told the Wall Street Journal he was willing to work with Democrats.

Policy Pendulum

Trump's first-term Paris climate withdrawal was reversed by Biden on his first day in office, and Trump repeated the exit in the first week of his second term. The pattern illustrates how executive-order policy has swung back and forth between administrations rather than settling into law.

Policies enacted by executive order can change when the White House changes hands, which may affect federal rules that businesses and households depend on. Permanent legislation would generally provide clearer expectations for long-term planning.

The takeaway

Lasting policy usually requires legislation rather than executive orders alone. Readers tracking federal rules may want to watch how Congress responds in the coming session.

What happens next

Democrats begin the 120th Congress with projected control of at least 54 Senate seats and 251 House seats, setting the stage for any legislative negotiations on Trump's agenda.