President Obama has issued a form of executive action known as the presidential memorandum more often than any other president in history — using it to take unilateral action even as he has signed fewer executive orders.
When these two forms of directives are taken together, Obama is on track to take more high-level executive actions than any president since Harry Truman battled the “Do Nothing Congress” almost seven decades ago, according to a USA TODAY review of presidential documents.
[. . .]
Like executive orders, presidential memoranda don’t require action by Congress. They have the same force of law as executive orders and often have consequences just as far-reaching. And some of the most significant actions of the Obama presidency have come not by executive order but by presidential memoranda.
Obama has made prolific use of memoranda despite his own claims that he’s used his executive power less than other presidents. “The truth is, even with all the actions I’ve taken this year, I’m issuing executive orders at the lowest rate in more than 100 years,” Obama said in a speech in Austin last July. “So it’s not clear how it is that Republicans didn’t seem to mind when President Bush took more executive actions than I did.”
Obama has issued 195 executive orders as of Tuesday. Published alongside them in the Federal Register are 198 presidential memoranda — all of which carry the same legal force as executive orders.
So much for the claim that this president is “issuing executive orders at the lowest rate in more than 100 years.” Can we have more media outlets point out that statements like this one ought to bring about trouser infernos at 1600 Pennsylvania Avenue?