Executive order bias

We tend to approve of executive orders when they come from executives we like

Executive orders issued by presidents and governors represent issues ranging from establishing commissions to clarifying who can use what public bathroom and everything in between. Interestingly enough, as diverse as these orders are and the individuals who issue them might be, public perceptions toward executive governance typically follow a distinct pattern. In general, citizens support executive orders when they are issued by an executive who shares their party affiliation or if the executive order addresses a policy that they like. Everything else is seen as executive overreach.

For example, a 2014 Washington PostABC poll found that 52 percent of Americans supported and 46 percent opposed the idea that “presidents have the power in some cases to bypass Congress and take action by executive order to accomplish their administration’s goals.” This division of opinion is driven primarily by partisanship: 69 percent of Democrats compared to 36 percent of Republicans supported the use of executive orders during this time when a Democrat held the Oval Office.

Add “Barack Obama” to the question and the party politics become more glaring. A 2014 Fox News poll found that 60 percent of Americans disapproved of “Barack Obama going around Congress and using executive orders.” The underlying party gap was nearly 60 points: 90 percent of Republicans disapproved, compared to 31 percent of Democrats.

These dramatic partisan differences in opinion are most distinctive when citizens are asked about executive orders in the procedural abstract. When citizens are asked about a particular executive order addressing a popular public policy, public opinion toward executive governance is far less partisan-driven.

Case in point: a 2016 survey conducted after President Obama issued his series of gun control executive orders found a similar partisan gap in opinion, with 74 percent of Democrats compared to 13 percent of Republicans approving of “presidents using executive orders.” Yet when this same survey placed the executive order in the context of a popular expansion of background checks on gun purchases, the partisan gap was cut in half and support for the executive action increased, particularly among Republicans: 85 percent of Democrats and 57 percent of Republicans approved of an “executive order requiring dealers who sell guns on the Internet and at gun shows to obtain a federal license and conduct background checks on potential buyers.” Policy popularity can somewhat supersede partisan misgivings toward the use of executive power.

So, do Marylanders follow this pattern when evaluating Gov. Larry Hogan and his use of executive orders? To some extent, but not exactly.

For starters, the September Goucher Poll found that 54 percent of Marylanders think executive orders should be “rarely” or “never” used, and 41 percent think governors should use executive orders “sometimes” or “frequently.” Interestingly enough, there is essentially no difference in opinion between Democrats and Republicans. Marylanders were oddly nonpartisan in their views toward how frequently governors should use executive orders.

Next, residents were asked specifically about Governor Hogan’s executive order that mandated a post-Labor Day start to Maryland public schools. Sixty-seven percent of residents support “an executive order moving the official start of Maryland public schools to after Labor Day Weekend beginning next year,” with only a small difference in opinion between Republicans (69 percent support) and Democrats (64 percent support). When a Washington Post poll asked a similar question but added specific mention of “Larry Hogan” to it, the party gap in support between Republicans (81 percent support) and Democrats (67 percent support) is larger.

Thus, evaluations of Governor Hogan’s use of executive orders are not invulnerable to partisan interpretations, but they are certainly not driven by them either. Most likely, Governor Hogan’s popularity across party lines clouds the partisan lens with which individuals typically view executive governance. His standing with the public, combined with the consistent popularity of a post-Labor Day start to public schools, created an ideal political opportunity to use executive power.

Yet with great executive power comes great accountability. Whether the postLabor Day start brings economic benefits outlined by Comptroller Peter Franchot or measurable impacts on public education contended by some lawmakers and education advocates will determine if that accountability is a good or bad thing. Ultimately, it is the outcome of the policy rather than the surrounding politics that voters will use to evaluate the executive who issues the orders.