Are the executive orders issued by Donald Trump explanatory texts for previously enacted laws ? Or are they entirely new texts ?
If we take the example of the execution order concerning the wall on the Mexican border, it is based on a law passed in 2006, confirmed by another law in 2013, which made the construction of such a barrier legal. The right to extend this wall is therefore not contestable. But remark that the cost of this operation is estimated between 14 and 25 billion dollars. The law does not contain provisions authorizing such an expenditure? This is where Donald Trump will need the Congress, which is majority Republican.
The dilemma new/explanatory is the problem American justice system will have to resolve in the coming months. And this will bevery long for two reasons : the volume of presidential decrees is enormous. No president has ever craped so many. The process leads each time to a federal court and then to the Supreme Court.
But if they are considered entirely new texts, it will mean that Donald Trump has encroached on the legislative branch. And that he has committed an abuse of power. Or several.