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Executive order - Wikipedia, the free encyclopedia
...Executive orders have...force of law[1] when they take authority from a power granted ...by the Constitution, or are made in pursuance of...Acts of Congress that ...delegate to the President... discretionary power (delegated legislation)...executive orders are subject to judicial review, and may be struck down if deemed...to be unsupported by statute or the Constitution. Major policy initiatives usually require approval by the legislative branch...executive orders have...influence over the internal affairs of government...to what degree laws will be enforced... emergencies...fine policy choices in the implementation of broad statutes.
There is no constitutional provision nor statute that explicitly permits executive orders...President...is instructed therein by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5, else he faces impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance...the intent being to help direct officers of the U.S. Executive carry out their...duties as well as the normal operations of the federal government...
An executive orde...must find support in the Constitution,...in a clause granting the President specific power, or by a delegation of power by Congress to the President...
Presidential directives are... a form of executive order issued by the President...with the advice and consent of a major agency...within the Executive branch of government...Some types of Directives are ...National Security Directives Homeland Security Presidential Directives (presidential decision directives)...
...All presidents beginning with...Washington in 1789 have issued...executive orders. Initially they took no set form...The documents that later came to be known as "Executive Orders" apparently gained their name from this document, captioned "Executive Order Establishing a Provisional Court in Louisiana."[6] President Franklin Roosevelt was the first to have EO declared invalid.
...President Truman's Executive Order 10340 in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) placed all steel mills in the country under federal control. This was found invalid because it attempted to make law, rather than clarify or act to further a law...Presidents since this decision have generally been careful to cite which...laws they are acting under when issuing new executive orders. ...when Presidents believe their authority for issuing an executive order stems from...the Constitution, the order will simply proclaim "under the authority vested in me by the Constitution." ...
Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton's second term...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...all presidents since its passage have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so....
Prior to 1932, uncontested Executive Orders had determined such issues as national mourning on the death of a president, and the lowering of flags to half-mast. President Franklin Roosevelt issued the first of his...declaring a bank holiday, forbidding banks to release gold...Executive Order 6102 forbade the hoarding of gold...Executive Order required all newly mined domestic gold be delivered to the Treasury...By Executive Order...the President created the Export-Import Bank...National Industrial Recovery Act (Executive Order 6632)...Executive Order 6763 "under the authority vested in me by the Constitution"...creating the National Labor Relations Board...
...Court of the 1934...found the National Industrial Recovery Act (NIRA) unconstitutional. The President then issued Executive Order 7073 "by virtue of the authority vested in me under the said Emergency Relief Appropriation Act of 1935", reestablishing the National Emergency Council to administer the functions of the NIRA in carrying out the provisions of the Emergency Relief Appropriations Act....Roosevelt's Supreme Cour... a Court obedient to the President's choices...
Critics have accused presidents of abusing executive orders...using them to make laws without Congressional approval...moving existing laws away from their original mandates...
Large policy changes...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...
...examples of an executive order are...Roosevelt's Executive Orde... "forbidding the Hoarding of gold ..." and Executive Order...where Roosevelt delegated military authority to remove...people in a military zone (...Japanese Americans and German Americans...)... authority delegated to General ...DeWitt subsequently paved the way for all Japanese-Americans on the West Coast to be sent to internment camps...
Executive Order...issued by President George W. Bush in 2001...restricted public access to the papers of...presidents...criticized...groups, stating that it "violates both the spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 USC. 2201–07,"...
...the Supreme Court overturned five of President Franklin Roosevelt's executive orders...Executive Order...by...Clinton...attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll; a federal appeals court...ruled that the order conflicted with the National Labor Relations Act...
Congress has the power to overturn an executive order by passing legislation...Congress can also refuse to provide funding necessary to carry out... policy measures...the president retains the power to veto such a decision...Congress may override a veto with a two-thirds majority... Congressional override of an executive order is a nearly impossible event due to the supermajority vote required... such a vote leaves...lawmakers ...vulnerable to...criticism...
...2014... House of Representatives approved a resolution authorizing Speaker...Boehner to sue Presiden...Obama over claims he exceeded his executive authority in changing a key provision of the Affordable Care Act......and over..."inadequate enforcement of the health care law," which Republican lawmakers opposed..."Republicans objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage."...
...Executive orders as issued by the governors...are not statutes like those passed by state legislatures, but do have the force of law in a similar way to the federal system. Executive orders are...based on existing constitutional or statutory powers of the Governor and do not require any action by the state legislature to take effect.
Executive orders may...demand budget cuts from state government when the state legislature is not in session, and economic conditions take a downturn, thereby decreasing tax revenue...Depending on the state constitution, a governor may specify by what percentage each government agency must reduce by...may exempt those that are...underfunded, or cannot put long-term expenses...off...
...2007...Governor of Georgia made an executive order for all of its state agencies to reduce water use ...This was also demanded of its counties' water systems...unclear whether this would have the force of law...
According to...Cooper, a presidential proclamation "states a condition, declares a law and requires obedience, recognizes an event or triggers the implementation of a law (by recognizing that the circumstances in law have been realized)". ...Presidents define situations ... conditions...that become legal or economic truth. These orders carry the same force of law as executive orders...executive orders are aimed at those inside government...proclamations are aimed at those outside government.
...proclamations...are often...authorized by congressional statute...“delegated unilateral powers”. ...proclamations are...dismissed as a practical presidential tool...because of the perception of proclamations as largely ceremonial...However, the legal weight of presidential proclamations suggests their importance...
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