<P> The Heritage Foundation has accused presidents of abusing executive orders by using them to make laws without Congressional approval and moving existing laws away from their original mandates . </P> <P> In 1935, the Supreme Court overturned five of President Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284, 6855). Executive Order 12954, issued by President Bill Clinton in 1995, attempted to prevent the federal government from contracting with organizations that had strike - breakers on the payroll; a federal appeals court subsequently ruled that the order conflicted with the National Labor Relations Act, and invalidated the order . </P> <P> Congress has the power to overturn an executive order by passing legislation that invalidates it . Congress can also refuse to provide funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms . In the case of the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two - thirds majority to end an executive order . It has been argued that a congressional override of an executive order is a nearly impossible event, due to the supermajority vote required and the fact that such a vote leaves individual lawmakers vulnerable to political criticism . </P> <P> On July 30, 2014, the Republican - led House of Representatives approved a resolution authorizing Speaker of the House John Boehner to sue President Barack Obama over claims that he exceeded his executive authority in changing a key provision of the Affordable Care Act ("Obamacare") on his own and over what Republicans claimed had been "inadequate enforcement of the health care law", which Republican lawmakers opposed . In particular, Republicans "objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage". The suit was filed in the U.S. District Court for the District of Columbia on November 21, 2014 . </P>

Can the president make an executive order without congress