Live with the sword and die with the sword.

Ask Joe Biden, whose executive order quickly went all-body path during the first three weeks of Donald Trump’s second term. The executive order, by its nature, is a temporary amendment.

This is especially true of Trump’s recent executive order to keep men out of women’s sports. It lacks permanence and is affected by the whims of the next White House residents. (Related: Erica Ahearn: Trump uses his pen to wipe out gender madness forever)

So the President did everything he could and did everything he promised during his campaign, but it’s even more necessary to ensure that this issue doesn’t simply become political football through the executive order process. What is needed is that Congress performs the elected work.

There is no guarantee that the Conservative Party will take office four years from now. This uncertainty creates instability in the policies determined by Executive Fiat. Stability comes from the actions of Congress, not the pen of a single man. While a single president can abolish executive orders due to Penn’s stroke, it requires a legislative majority to overturn the law.

Since the 1990s, Congress has steadily abandoned its responsibility to legislate its responsibility and instead chose to let the administrative agencies take the political heat away. Members of the Congress prefer to pass on support, as they are more interested in reelection than governance obligations.

The executive order requires that only government agencies be directed and follow federal agencies. However, its power is essentially limited. The regulators are being held after the Supreme Court’s recent decision to overturn Chevron’s respect, particularly.

Congressional laws cannot be broadly interpreted and drastic regulations can be imposed. Now their authority is strictly limited to what has been expressly recognized by Congress. This limits the scope of what Trump’s latest executive order can achieve. His direction to the Department of Education to restrict women’s sports to biological women is bound by statutory interpretations that Blue State can challenge.

For example, if California claims that state law recognizes gender identity as a biological gender equivalent, the Department of Justice could challenge this and drag the issue into court. . Until the weight of the judicial system is in, the state can ban the issue and effectively freeze enforcement.

To give Trump’s executive order to actual teeth, Congress must put that principle into law. Consider that Tennessee Court lawsuits are testing whether the ban on gender-preserving hormone therapy violates the Equal Protection Clause. If the court interprets equal protection in the broadest sense, its impact can be far-reaching.

This is why Congress needs action. This is because reliance on enforcement orders and judicial interpretations promotes legal instability. For most of human history, the definitions of men and women were not contested. However, over the past 20 years, this issue has become a battlefield of competing interpretations. Trump took one stance in his first term. Biden reversed that. Trump has now turned it around again. Without Congressional intervention, the pendulum will continue to swing, and the policy will remain at the mercy of each new administration.

Even within the education system, federal obligations can be challenged at the local level. Teachers’ unions can recommend curricula that is inconsistent with executive orders and laws of parliament, but the school board is ultimately responsible. If a district implements a curriculum that violates federal law, it is not the labor union, but the elected school board. The union exerts an influence, but they do not hold the trustee’s responsibility to the public. This is another reason why the law should determine the policy, not the executive order. Legal challenges become significantly more difficult to maintain when supported by legislative laws.

If conservatives want lasting change, then Trump’s executive order on banning men in women’s sports is not the ultimate solution. This is a temporary measure, addressing the whims of future presidents and resistant state governments. The only way to ensure lasting policy is for Congress to do its job. That means passing laws that stand the test of time.

If the legislative department continues to avoid that obligation, the cycle of enforcement overreach and judicial disputes continues, and Americans become caught up in a crossfire of unstable governance.

Kate Beary is a higher education policy analyst at the Texas Public Policy Foundation. As a former university athlete, she competed on the beach volleyball team while earning her master’s degree in education and education policy from Stanford University.

The opinions and opinions expressed in this commentary are the views of the author and do not reflect the official position of the Daily Caller News Foundation.

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