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Encyclopedia > Executive order (United States)
The presidential seal was used by Rutherford B. Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii.
The presidential seal was used by Rutherford B. Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii.

An executive order in the United States is a directive issued by the President, the head of the executive branch of the federal government. In other countries, similar edicts may be known as decrees, or orders-in-council. Image File history File links Seal_Of_The_President_Of_The_Unites_States_Of_America. ... Image File history File links Seal_Of_The_President_Of_The_Unites_States_Of_America. ... A Secret Service agent placing the seal on the presidents podium. ... Rutherford Birchard Hayes (October 4, 1822 – January 17, 1893) was an American politician, lawyer, military leader and the 19th President of the United States (1877–1881). ... Year 1880 (MDCCCLXXX) was a leap year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Tuesday of the 12-day slower Julian calendar). ... Year 1959 (MCMLIX) was a common year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... Official language(s) English, Hawaiian Capital Honolulu Largest city Honolulu Area  Ranked 43rd  - Total 10,931 sq mi (29,311 km²)  - Width n/a miles (n/a km)  - Length 1,522 miles (2,450 km)  - % water 41. ... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... The presidential seal is a well-known symbol of the presidency. ... In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. ... This article describes the government of the United States. ... Decree is an order that has the force of law. ... An Order-in-Council is an executive order issued in Commonwealth Realms operating under the Westminster system. ...


US Presidents have issued executive orders since 1789, usually to help direct the operation of executive officers. Some orders do have the force of law when made in pursuance of certain Acts of Congress, when those acts give the President discretionary powers. 1789 was a common year starting on Thursday (see link for calendar). ... An Act of Vaginapenis is a bill or resolution adopted by both houses of the United States Congress to which one of the following events has happened: Acceptance by the President of the United States, Inaction by the President after ten days from reception (excluding Sundays) while the Congress is... Type Bicameral Houses Senate House of Representatives United States Senate Majority Leader Harry Reid, D since January 4, 2007 Speaker of the House Nancy Pelosi, D since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of November 7, 2006 elections) Democratic Party Republican...

Contents

Basis in US Constitution

Leland-Boker Authorized Edition of the Emancipation Proclamation, printed in June 1864 with a presidential signature
Leland-Boker Authorized Edition of the Emancipation Proclamation, printed in June 1864 with a presidential signature

US Presidents have issued executive orders since 1789. There is no Constitutional provision or statute that explicitly permits this, aside from the vague grant of "executive power" given in Article II, Section 1 of the Constitution and the statement "take Care that the Laws be faithfully executed" in Article II, Section 3. Image File history File linksMetadata Download high-resolution version (1944x2592, 2083 KB) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Emancipation Proclamation Executive order (United States) Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high-resolution version (1944x2592, 2083 KB) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Emancipation Proclamation Executive order (United States) Metadata This file contains additional information, probably added from the digital camera... Leland-Boker Authorized Edition, printed in June 1864 with a presidential signature The Emancipation Proclamation was an executive order by United States President Abraham Lincoln during the American Civil War, which ostensibly declared the freedom of all slaves in the territory of the Confederate States of America that had not... This article does not cite any references or sources. ... 1864 (MDCCCLXIV) was a leap year starting on Friday (see link for calendar) of the Gregorian calendar or a leap year starting on Sunday of the 12-day-slower Julian calendar. ... 1789 was a common year starting on Thursday (see link for calendar). ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ...


Most executive orders are orders issued by the President to US executive officers to help direct their operation, the result of failing to comply being removal from office. Some orders do have the force of law when made in pursuance of certain Acts of Congress due to those acts giving the President discretionary powers.


Other types of executive orders are:

Categories: Stub ... Presidential directives are a form of executive order issued by the President of the United States with the advice and consent of the National Security Council. ...

History and usage

Until the early 1900s, executive orders went mostly unannounced and undocumented, seen only by the agencies to which they were directed. However, the Department of State instituted a numbering scheme for executive orders in 1907, starting retroactively with an order issued on October 20, 1862, by President Abraham Lincoln. That order became necessary when Union forces captured New Orleans; Lincoln issued the order to establish military courts in Louisiana. Today, only National Security Directives are kept from the public. // Public flight demonstration of an airplane by Alberto Santos-Dumont in Paris, November 12, 1906. ... The United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, equivalent to foreign ministries in other countries. ... There are many different numbering schemes for assigning numbers to entities. ... Year 1907 (MCMVII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 13-day-slower Julian calendar). ... October 20 is the 293rd day of the year (294th in leap years) in the Gregorian calendar. ... 1862 was a common year starting on Wednesday (see link for calendar). ... For other uses, see Abraham Lincoln (disambiguation). ... In this map:  Union states prohibiting slavery  Union territories  Border states on the Union side which allowed slavery  Kansas, which entered and fought with the Union as a free state after the Bleeding Kansas crisis  The Confederacy  Confederate claimed and sometimes held territories During the American Civil War, the Union... Nickname: Location in the State of Louisiana and the United States Coordinates: , Country United States State Louisiana Parish Orleans Founded 1718 Government  - Mayor Ray Nagin (D) Area  - City  350. ... Official language(s) de jure: none de facto: English & French Capital Baton Rouge Largest city New Orleans [1] Area  Ranked 31st  - Total 51,885 sq mi (134,382 km²)  - Width 130 miles (210 km)  - Length 379 miles (610 km)  - % water 16  - Latitude 29°N to 33°N  - Longitude 89°W... Categories: Stub ...


Until the 1950s, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders. This does not cite any references or sources. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Holding The President did not have the inherent authority to seize private property in the absence of either specifically enumerated authority under Article Two of the Constitution or statutory authority conferred on him by Congress. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... Harry S. Truman (May 8, 1884 – December 26, 1972) was the thirty-third President of the United States (1945–1953); as Vice President, he succeeded to the office upon the death of Franklin D. Roosevelt. ... A steel mill at the turn of the century in Pittsburgh, Pennsylvania A steel mill (British English and Australian English steelworks) is an industrial plant for the manufacture of steel. ...


Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton's second term in office. However, all such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues. Year 1999 (MCMXCIX) was a common year starting on Friday (link will display full 1999 Gregorian calendar). ... The term Kosovo War or Kosovo Conflict is often used to describe two sequential and at times parallel armed conflicts (a civil war followed by an international war) in the southern Serbian province called Kosovo (officially Kosovo and Metohia), part of the former Federal Republic of Yugoslavia. ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... The War Powers Act of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress. ...


Criticisms

Critics [Please name specific person or group] have accused presidents of abusing executive orders, of using them to make laws without Congressional approval, and of moving existing laws away from their original mandates. Large policy changes with wide-ranging effects have been effected through executive order, including the integration of the armed forces under Harry Truman and the desegregation of public schools under Dwight D. Eisenhower. Children at a parade in North College Hill, Ohio Racial integration, or simply integration includes desegregation (the process of ending systematic racial segregation). ... The Military of the United States, officially known as the United States Armed Forces, is structured into five branches consisting of the: United States Army United States Marine Corps United States Navy United States Air Force United States Coast Guard The U.S. Public Health Service and NOAA also have... Desegregation is the process of ending racial segregation, most commonly used in reference to the United States. ... // Public education is education mandated for the children of the general public by the government, whether national, regional, or local, provided by an institution of civil government, and paid for, in whole or in part, by taxes. ... Dwight David Ike Eisenhower, born David Dwight Eisenhower (October 14, 1890 – March 28, 1969) was an American General and politician, who served as the thirty-fourth President of the United States (1953–1961). ...


One extreme example of an executive order is Executive Order 9066, where Franklin D. Roosevelt delegated military authority to remove all people (used to target specifically Japanese Americans and German Americans) in a military zone. The authority delegated to General John L. DeWitt subsequently paved the way for all Japanese-Americans on the West Coast to be sent to internment camps for the duration of World War II. Thousands of German Americans and Italian Americans were also sent to internment camps under executive order. United States Executive Order 9066 was a presidential executive order issued during World War II by U.S. President Franklin D. Roosevelt on February 19, 1942, using his authority as Commander-in-Chief to exercise war powers to send ethnic groups to internment camps. ... FDR redirects here. ... Serving from 1999 to 2003, Army General Eric Shinseki of Hawaii became the first Asian American military chief of staff. ... German Americans are citizens of the United States of German ancestry. ... Army shoulder insignia for a full General General is the most senior rank currently used in the United States Army, Air Force, and Marine Corps. ... For other uses, see John DeWitt (athlete). ... Regional definitions vary from source to source. ... Internment camp for Japanese in Canada during World War II Internment is the imprisonment or confinement[1] of people, commonly in large groups, without trial. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... An Italian-American is an American of Italian descent either born in America or someone who has immigrated. ...


Executive Order 13233, which restricted public access to information was more recently criticised by the Society of American Archivists and other groups, stating that it "violates both the spirit and letter of existing US law on access to presidential papers as clearly laid down in 44 USC. 2201-2207," and adding that the order "potentially threatens to undermine one of the very foundations of our nation." Executive Order 13233, restricting access to the records of former presidents and drafted by White House counsel Alberto R. Gonzales, was issued by President George W. Bush on November 1, 2001 shortly after the September 11, 2001 attacks. ... The Society of American Archivists (established 1936) is the oldest and largest archivist association in North America, serving the educational and informational needs of more than 3,400 individual and institutional members. ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal law of the United States. ...


Critics fear that the president could make himself a de facto dictator by side-stepping the other branches of government and making autocratic laws. The Italian philosopher Giorgio Agamben in particular has criticized the generalization since World War I of the use of executive orders or decrees by all Western democracies, declaring that this tends toward the constitution of a "permanent state of exception." The presidents, however, cite executive order as often the only way to clarify laws passed through the Congress, laws which often require vague wording in order to please all political parties involved in their creation. Forms of government Part of the Politics series Politics Portal This box:      A dictatorship is an autocratic form of government in which the government is ruled by a dictator. ... Forms of government Part of the Politics series Politics Portal This box:      An autocracy is a form of government in which the political power is held by everybody The term autocrat is derived from the Greek word autokratôr (lit. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... “The Great War ” redirects here. ... The term Western world, the West or the Occident (Latin occidens -sunset, -west, as distinct from the Orient) [1] can have multiple meanings dependent on its context (e. ... State of Exception may mean: State of Exception (2005), a book written by Giorgio Agamben State of emergency, a government alert A concept in the legal theory of Carl Schmitt, similar to a state of emergency, but based in the sovereigns ability to transcend the rule of law for... Political parties Part of the Politics series Politics Portal This box:      A political party is a political organization that seeks to attain political power within a government, usually by participating in electoral campaigns. ...


Legal conflicts

To date, US courts have overturned only two executive orders: the aforementioned Truman order, and a 1996 order issued by President Clinton that attempted to prevent the US government from contracting with organizations that had strike-breakers on the payroll. [1] Congress may overturn an executive order by passing legislation in conflict with it or by refusing to approve funding to enforce it. In 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 super majority vote required and the fact that such a vote leaves individual lawmakers very vulnerable to political criticism. [2] Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... See also general strike, or for other uses see: strike (disambiguation). ... This article or section does not adequately cite its references or sources. ...


The precedent in Schechter Poultry Corp. v. United States might be of some relevance. The Supreme Court ruled that Congress cannot give the president power to create laws, so it would follow that an executive order in restraint of a law, not enforcing, would be beyond the president's power. Holding Section 3 of the National Industrial Recovery Act was an unconstitutional delegation of legislative power to the Executive, and was not a valid exercise of congressional Commerce Clause power. ...


State governors´ executive orders

Executive orders as issued by state governors are not laws but do have the same binding nature. A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ... For other uses, see Governor (disambiguation). ...


See also

The following is an incomplete list of United States federal executive orders. ...

Further reading

Howell, William G., Power without Persuasion: The Politics of Direct Presidential Action, Princeton University Press, 2003. Princeton University is a private coeducational research university located in Princeton, New Jersey, in the United States of America. ... The Princeton University Press is a publishing house, a division of Princeton University, that is highly respected in academic publishing. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...


Mayer, Kenneth R., With the Stroke of a Pen: Executive Orders and Presidential Power, Princeton University Press, 2002. For album titles with the same name, see 2002 (album). ...


Warber, Adam L., Executive Orders and the Modern Presidency: Legislating from the Oval Office, Lynne Rienner Publishers, 2006. For the Manfred Mann album, see 2006 (album). ...


Citations

  1. ^ Catherine Edwards, “Emergency Rule, Abuse of Power?”, Insight on the News, August 23, 1999, Pg. 18
  2. ^ Harold Hongju Koh, The National Security Constitution: Sharing Power after the Iran-Contra Affair, 1990, pg. 118-9

External links


 
 

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