Rulemaking? Executive Action? What’s the Difference?

There has been a flurry of activity in Washington following the inauguration of President Trump. This slide deck explains the federal rulemaking process and the capabilities of executive action. It outlines how federal agencies create regulations under Congressional authority, following a process that includes drafting, public comment, review by the Office of Information and Regulatory Affairs (OIRA) and final publication. It also details the power of executive orders, how they can direct federal agencies, and their legal limitations—such as being unable to override laws or the Constitution. Additionally, the deck explains judicial and Congressional checks on both regulations and executive orders, and it highlights recent legal changes. View the full deck here.