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An Executive Order is a legally binding edict issued by a member of the executive branch of a government, usually the head of that branch. In other countries, they may be known as decrees.1 President of the United States
In the United States, The presidents have issued executive orders since 1789. There is no constitutional law 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. However, executive orders have legal force unless in conflict with a law approved by the legislative or a court decision by the judicial branch of government.
Most executive orders are directed to various federal administrative agencies or departments of the executive branch to help orchestrate those agencies in their duties.
Other types of executive orders are:
- proclamations, which serve a more ceremonial purpose, such as declaring new holidays and celebrations (The Emancipation Proclamation).
- national security directives ,and
- presidential decision directives, both of which deal with national security and defense matters.
2 History
Until the early 1900s, executive orders went mostly unannounced and undocumented, seen only by the agencies to which they were directed. Others have simply been lost due to natural decay and poor record keeping. However, the State Department instituted a numbering system for executive orders in the early 1900s, starting retroactively with President Abraham LincolnAbraham Lincoln ( February 12, 1809 April 15, 1865) was the 16th ( 1861- 1865) President of the United States, and the first president from the Republican Party. The election of Lincoln, who staunchly opposed the expansion of slavery, polarized the nation's Emancipation Proclamation in 1862Events January-March January 10 End of term for John Gately Downey, 7th Governor of California. He is succeeded by Amasa Leland Stanford. January 30 The first American ironclad warship, the USS Monitor is launched. February 1 Julia Ward Howe's " Battle Hy. Today, only those executive orders dealing with issues of national security are kept from the public.
Until the 1950sCenturies: 19th century 20th century 21st century Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s 2000s Years: 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 Events and trends Technology United States tests the first fusion bomb., there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled that an executive order from President Harry S. TrumanTruman Order 33rd President Term of Office April 12, 1945 January 20, 1953 Predecessor Franklin Delano Roosevelt Successor Dwight D. Eisenhower Date of Birth Thursday, May 8, 1884 Place of Birth Lamar, Missouri Date of Death Tuesday, December 26, 1972 Pla that placed 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 allegedly furthering when making new executive orders.
3 Criticism
Many critics have accused the presidents of abusing executive orders, both to make new laws without Congressional approval and to move existing laws away from their original mandates. Large policy changes with wide-ranging effects have been passed into law through executive order, including the integrationRacial integration or simply integration in United States usage, includes desegregation (the process of ending systematic racial segregation). In addition to desegregation, integration includes goals such as leveling barriers to association, creating equa of the Armed Forces under Harry Truman and the desegregationDesegregation is the process of ending racial segregation, most usually used in reference to the United States. Desegregation was long a focus of the U. civil rights movement, particularly desegregation of the school systems, and the military See African- of public schools under Dwight D. Eisenhower. Even entire wars have been fought upon executive order, including Bill Clinton's 1999 Kosovo War. (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 undecided Constitutional questions.) 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 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.
