Final answer:
Presidential executive orders, while able to bypass Congress, can be checked by judicial review or by subsequent presidents. Executive orders can influence policy, form commissions, and provide a method of navigating foreign policy. These powers and their limits have evolved over time through legislation and precedents.
Step-by-step explanation:
The limits on an executive order primarily stem from checks and balances by the other branches of government. A president can issue an executive order without the need for legislation by Congress. These orders can often dictate policy or direct governmental agencies in a certain way, and do not require congressional approval, giving them a form of law-like power. However, these orders lack the permanence of laws passed by Congress and can be overturned by subsequent presidents or by court decisions. Examples of this include creating a commission to investigate issues of national concern, or navigating foreign policy matters without the need of Senate ratification via the use of executive agreements.
Additionally, while they have the power to pardon federal crimes, the president's authority as commander-in-chief can be limited by Congress which can refuse to declare war or fund military endeavors. The president must also seek advice and consent from the Senate for key appointments, while Congress can remove the president from office through impeachment and conviction. Presidents have exercised increased use of unilateral powers, such as executive orders, often to bypass any possible congressional gridlock.
Finally, these powers can be expanded or contracted over time as established by precedents set by previous presidents and through legislation, giving an element of flexibility to executive authority. Therefore, the scope and limitations of an executive order can be quite nuanced and subject to change.
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