President Biden's Executive Orders: Continuity Examined

Have you ever wondered about the continuity of policies between presidential administrations? What happens to executive orders when a new president takes office?

In his book The Midnight Rider Rides Again, Derek Johnson explores the surprising continuity in President Biden's executive orders. You'll discover how many Trump-era policies have been extended and what this means for government operations.

Keep reading to learn more about the unexpected similarities between two seemingly different administrations.

Biden's Continuation of Trump-era Executive Orders

When President Joe Biden took office in January 2021, many expected a significant shift in policies from the previous administration. However, a closer look at President Biden's executive orders reveals that he has actually extended several key directives and emergency proclamations initially put in place by former President Donald Trump. This continuity in policy highlights the ongoing implementation of government resilience initiatives that began during Trump's tenure.

Extended Executive Orders

President Biden has chosen to maintain several executive orders from the Trump administration, including:

1. Executive Order 13818: This order addresses human rights abuses and corruption.
2. Executive Order 13848: Focused on protecting against foreign interference in U.S. elections.
3. Executive Order 13959: Imposes restrictions on certain Chinese companies.

These extensions demonstrate a commitment to ongoing efforts in areas such as human rights protection, election security, and economic measures against foreign entities. It's worth noting that it's unusual for a new administration to openly acknowledge policy continuity, as they often prefer to emphasize their unique priorities and approaches.

Continuity in Military Policy

One of the most striking aspects of Biden's presidency so far is the lack of substantial new measures or directives related to military policy. This suggests a continued adherence to the strategies for government continuity established during Trump's time in office.

Under the War Powers Act, the President has the authority to delegate certain duties to the Secretary of Defense. In 2020, a memorandum was sent to the Secretary of Defense's office in accordance with Section 1550 of the Act. This action was part of a broader strategy to maintain government functions in the face of potential threats.

The memorandum outlined how the President delegated duties and authorities assigned to him in sections 1285(a) to (e) of Public Law 116-92 to the Secretary of Defense. It also involved briefing Congress on details of military involvement and support for coalition partners, as specified in sections 1550(a) to 1550(e) of Title 50 of the United States Code.

The Significance of Federal Continuity Directives

The Federal Continuity Directives, particularly FCD 1 and FCD 2, play a crucial role in establishing the framework for maintaining government operations during crises. These directives, which were in effect from 2018 through 2022, outline how the three branches of the U.S. government systematically address crises and assign responsibilities during emergencies.

The directives emphasize the importance of ensuring the resilience and protection of governmental structures in accordance with the Constitution. They focus on consistently carrying out essential governmental functions through comprehensive strategies for maintaining operational continuity.

The Role of the Military in Government Continuity

The military's involvement in ensuring government continuity became particularly apparent during the transition of power from Trump to Biden. The events surrounding January 6, 2021, and Biden's subsequent inauguration, were part of a strategic plan to maintain uninterrupted government operations.

Interestingly, Biden's inauguration ceremony deviated from traditional practices in several ways:

1. A three-volley salute, typically reserved for military funerals, was given instead of the traditional 21-gun salute for new presidents.
2. The overall ceremony bore a closer resemblance to a military funeral than a traditional transition of power.

These unusual elements, combined with an unprecedented military presence, suggest a carefully orchestrated plan to ensure government continuity during a potentially volatile transition period.

The War Powers Act and Presidential Reporting

Under the War Powers Act, specifically Section 1550, the President is required to report to Congress on military actions every 180 days. These reports are expected to outline:

• The countries or organizations involved
• Potential risks
• Actions taken
• Projected scope and duration of these actions

This reporting requirement ensures that Congress is kept informed of military activities authorized under the Authorization for Use of Military Force (AUMF).

Conclusion: A Pattern of Continuity

The examination of policies enacted since the beginning of 2021 reveals a pattern of continuity rather than radical change. President Biden has largely followed the path established by the previous administration, particularly in areas related to national security, military policy, and government continuity.

This continuity suggests that the strategies and frameworks put in place during Trump's presidency, especially those related to government resilience and emergency response, continue to shape the current administration's approach. As we move forward, it will be interesting to see how this balance between continuity and change evolves in Biden's presidency.