Executive orders e ruolo presidenziale: la sfida di Trump alla separazione dei poteri

di Marco Bassini

SOMMARIO: 1. Introduzione. – 2. La discussa forma costituzionale degli executive orders. – 3. Gli executive orders nei primi mesi della seconda presidenza Trump. – 4. Un uso strategico e in funzione legittimante degli executive orders? – 5. Conclusioni.

This article explores the unprecedented use of executive orders by President Trump during the early months of his second term, focusing on the constitutional and political implications of this practice. It examines the legal nature of executive orders within the framework of the U.S. separation of powers, highlighting their ambiguous normative status and the historical tensions they generate between the executive and legislative branches. By analyzing both the content and strategic function of the most relevant executive orders—particularly those affecting civil rights, immigration, education, and abortion—the article investigates how Trump seeks to consolidate presidential power and challenge congressional authority. Special attention is given to the weakening of judicial remedies, especially following the Supreme Court’s ruling in Trump v. CASA, which limited the scope of nationwide injunctions. The article ultimately reflects on the risks posed to democratic balance by an expansive interpretation of the unitary executive theory and the potential drift toward a “counter-constitution”.