Executive Order 9981

In World War II, America defeated Nazi Germany, a nation whose ideology was based on racial hatred. However, while defending the cause of freedom, America still had major problems of its own with respect to race relations. In fact, black and white soldiers in World War II were forced to serve in separate units.

After the war, President Truman attempted to address this problem. In February 1948 Truman asked Congress to pass civil rights legislation to prohibit racial discrimination in many areas of American life. But, southern white Democrats -- who opposed civil rights -- controlled Congress, and they refused to act on Truman's proposal.

Truman responded by issuing Executive Order (EO) 9981, which banned racial discrimination in the U.S. military. Truman had the power to issue this executive order by virtue of his constitutional role as commander-in-chief. As a result, the military undertook a policy of desegregation six years before the Supreme Court handed down its famous decision in Brown v. Board of Education declaring the policy of "separate but equal" unconstitutional.

Since then, presidents have often used executive orders to combat discrimination. For example, in 1963, President Kennedy issued EO 11063, which prohibited racial discrimination in federally subsidized housing. In 1965, Lyndon Johnson issued EO 11246, which ordered all companies contracting with the U.S. government to adopt affirmative action plans. In 1969, President Nixon issued EO 11478, which established minority "set-asides" on federal projects.

In each instance, presidents issued executive orders because Congress had failed to act to combat discrimination. Presidents who are frustrated with Congress and who wish to achieve their goals in some other manner often use executive orders to do so.