Swept Away: The Trump 2.0 Tidal Wave of Executive Action

ABSTRACT Donald J. Trump began his second term with a tidal wave of presidential directives. A simple count does not equate to consequence—but, in aggregate, Trump’s directives had an important impact. Many of their targets were consistent with past presidential practice, although even then expanding prior claims to executive authority. Others, which exacted retribution on specific individuals or entities or ordered subordinates to disregard the law, were new and potentially dangerous. The long-term failure of Congress to rein in discretion embedded in past statute has empowered this and future presidencies.