I don’t have a lot of experience with executive orders; although I’ve pursued it as a possible policy change option on several occasions, I’ve always been thwarted by regulations that stipulate that the kinds of changes I’m looking for must be enacted legislatively (darn separation of powers!). I have secured several resolutions from executive offices, which can be influential in some instances, because of their symbolic weight, and I have also assisted advocates in a couple of other states as they pursued executive order strategies at the state level.
This post, then, will be short, since its primary purpose is to remind you that executive orders exist as a legitimate avenue for policy change, provided that the type of policy change you seek falls under the jurisdiction of the executive. Too often, I think, social work advocates think only ‘legislation’ when thinking of policy change, when, in fact, it can be far more expedient to pursue a strategy which only requires convincing one person–the executive–of the wisdom of your proposal.
Some considerations in pursuing an executive order:
First, obviously, there is the question about whether your desired policy change can legally be enacted outside of the legislative context. These limitations differ in different statuatory environments, but it may also be possible, if you are finding the legislative body particularly reluctant, to craft your desired change so that it does fall within the purview of the executive. A word of caution, though; sometimes that can be a ‘first step’ towards the more comprehensive change you desire, while, other times, it may be seen as an antagonistic move by the legislature, which may then deepen its opposition to your cause.
There is a divide between what is legally possible for an executive and what is politically desirable and, of course, for you to convince an executive to act, your sought-after policy change must be both. In general, there is reluctance to make any major policy changes by Executive Order, but executives are sometimes willing to make change through EO that they would be unwilling to push for legislatively since, while it may burn political capital with the public, it does not require that they engage in any lobbying or vote-trading.
As in any advocacy/lobbying campaign, a key part of your analysis must be your relationship with the executive and his/her staff. While, theoretically, it should be easier to convince one person to support your desired change, but there are certainly many examples when that is not true; an executive answers to one, generalized constituency, while each legislator answers to a more specific set of interests, and it can sometimes be easier for organizers/advocates to mobilize pressure on these legislative interests than throughout a more diffuse electorate.
The process of seeking an Executive Order can easily overlap a potential legislative strategy, though (and this I do have a lot of experience with). Unless you perceive that the executive will be hostile to your proposed policy change, it makes sense to meet with him/her and the staff in the beginning of your advocacy campaign. If the executive is open to considering executive action, you can assess that at that initial meeting. If that’s not an option, technically or politically, you can gauge what other support you might get, including intelligence and/or lobbying assistance, from the executive and his/her office.
Be aware that, even with executive action, you are not necessarily circumventing the legislature altogether. On one occasion, we were successful in getting Governor Sebelius to use her executive powers to do a reorganization that brought additional attention to the issue of affordable housing in the state, but the legislature did not enact policy changes that would have given the new entity the funding and authority it needed, thus highlighting the limits of executive power. Be cognizant, too, of some political backlash against what many consider the abuse of executive power by the Bush administration, which has led to some caution by some executives in terms of what they’re willing to do unilaterally.
Because I don’t have as much experience with executive orders as with other types of policy advocacy, I’d love to hear from others about their experiences. What types of EOs have you secured, and what was their impact? What made you pursue this strategy rather than a legislative approach? Looking back, was it the right decision? What role did the elected legislature play in the overall policy change? What lessons do you want to share with advocates considering an executive strategy?
