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Executive order: Difference between revisions
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Until the early 1900s, executive orders were mostly unannounced and undocumented, and seen only by the agencies to which they were directed. | Until the early 1900s, executive orders were mostly unannounced and undocumented, and seen only by the agencies to which they were directed. | ||
That changed when the [[United States Department of State|US Department of State]] instituted a [[numbering scheme]] in 1907, starting retroactively with United States Executive Order 1, issued on October 20, 1862, by President Lincoln.<ref name=PEO>Lord, Clifford et al. ''[https://archive.org/stream/PresidentialExecutiveOrdersV1#page/n17/mode/1up Presidential Executive Orders]'', p. 1 (Archives Publishing Company, 1944).</ref> The documents that later came to be known as "executive orders" apparently gained their name from that order issued by Lincoln, which was captioned "Executive Order Establishing a Provisional Court in Louisiana".<ref>{{cite web|url=https://fas.org/sgp/crs/misc/98-611.pdf#page=4 |via=Federation Of American Scientists |first=Harold C.|last=Relyea|work=[[Congressional Research Service]]|date=November 26, 2008|id=Order Code 98-611 GOV|title=Presidential Directives: Background and Overview|page=1 |url-status=live |archive-url=https://web.archive.org/web/20201022035720/https://fas.org/sgp/crs/misc/98-611.pdf#page=4 |archive-date= October 22, 2020 }}</ref> That court functioned during the military occupation of [[Louisiana]] during the | That changed when the [[United States Department of State|US Department of State]] instituted a [[numbering scheme]] in 1907, starting retroactively with United States Executive Order 1, issued on October 20, 1862, by President Lincoln.<ref name=PEO>Lord, Clifford et al. ''[https://archive.org/stream/PresidentialExecutiveOrdersV1#page/n17/mode/1up Presidential Executive Orders]'', p. 1 (Archives Publishing Company, 1944).</ref> The documents that later came to be known as "executive orders" apparently gained their name from that order issued by Lincoln, which was captioned "Executive Order Establishing a Provisional Court in Louisiana".<ref>{{cite web|url=https://fas.org/sgp/crs/misc/98-611.pdf#page=4 |via=Federation Of American Scientists |first=Harold C.|last=Relyea|work=[[Congressional Research Service]]|date=November 26, 2008|id=Order Code 98-611 GOV|title=Presidential Directives: Background and Overview|page=1 |url-status=live |archive-url=https://web.archive.org/web/20201022035720/https://fas.org/sgp/crs/misc/98-611.pdf#page=4 |archive-date= October 22, 2020 }}</ref> That court functioned during the military occupation of [[Louisiana]] during the American Civil War, and Lincoln also used Executive Order{{nbs}}1 to appoint [[Charles A. Peabody]] as judge and designate the salaries of the court's officers.<ref name=PEO /> | ||
President [[Harry Truman]]'s Executive Order 10340 placed all the country's [[steel mill]]s under federal control, which was found invalid in ''[[Youngstown Sheet & Tube Co. v. Sawyer]]'', 343 US 579 (1952), because it attempted to make law, rather than to clarify or to further a law put forth by the Congress or the Constitution. Presidents since that decision have generally been careful to cite the specific laws under which they act when they issue new executive orders; likewise, when presidents believe that their authority for issuing an executive order stems from within the powers outlined in the Constitution, the order instead simply proclaims "under the authority vested in me by the Constitution". | President [[Harry Truman]]'s Executive Order 10340 placed all the country's [[steel mill]]s under federal control, which was found invalid in ''[[Youngstown Sheet & Tube Co. v. Sawyer]]'', 343 US 579 (1952), because it attempted to make law, rather than to clarify or to further a law put forth by the Congress or the Constitution. Presidents since that decision have generally been careful to cite the specific laws under which they act when they issue new executive orders; likewise, when presidents believe that their authority for issuing an executive order stems from within the powers outlined in the Constitution, the order instead simply proclaims "under the authority vested in me by the Constitution". | ||
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Wars have been fought upon executive order, including the 1999 [[Kosovo War]] during President [[Bill Clinton]]'s second term in office; however, all such wars have also 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, but all presidents since the passage of the resolution have complied with its terms, while also maintaining that they are not constitutionally required to do so. | Wars have been fought upon executive order, including the 1999 [[Kosovo War]] during President [[Bill Clinton]]'s second term in office; however, all such wars have also 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, but all presidents since the passage of the resolution have complied with its terms, while also maintaining that they are not constitutionally required to do so. | ||
Harry S. Truman issued 907 executive orders, with 1,081 orders made by | Harry S. Truman issued 907 executive orders, with 1,081 orders made by Theodore Roosevelt, 1,203 orders made by [[Calvin Coolidge]], and 1,803 orders made by [[Woodrow Wilson]]. [[Franklin D. Roosevelt]] has the distinction of making a record 3,522 executive orders.<ref>{{Cite web |title=Executive Orders |url=https://www.presidency.ucsb.edu/statistics/data/executive-orders |access-date=October 9, 2022 |website=The American Presidency Project }}</ref> | ||
In 2021, President Joseph Biden issued 42 executive orders in the first 100 days of his presidency, more than any other president since Harry Truman.<ref>{{cite news |title=Biden's 1st 100 Days: A Look By The Numbers |url=https://www.npr.org/2021/04/27/988822340/bidens-1st-100-days-a-look-by-the-numbers |access-date=April 29, 2021 |work=[[NPR]] |date=April 27, 2021 |quote=he's far outpacing them on executive orders. Biden has issued 42 to date, more than any president going back to Harry Truman |first1= Jason |last1=Breslow }}</ref> | In 2021, President Joseph Biden issued 42 executive orders in the first 100 days of his presidency, more than any other president since Harry Truman.<ref>{{cite news |title=Biden's 1st 100 Days: A Look By The Numbers |url=https://www.npr.org/2021/04/27/988822340/bidens-1st-100-days-a-look-by-the-numbers |access-date=April 29, 2021 |work=[[NPR]] |date=April 27, 2021 |quote=he's far outpacing them on executive orders. Biden has issued 42 to date, more than any president going back to Harry Truman |first1= Jason |last1=Breslow }}</ref> | ||
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In the years that followed, Roosevelt replaced outgoing justices of the Supreme Court with people more in line with his views: [[Hugo Black]], [[Stanley Forman Reed|Stanley Reed]], [[Felix Frankfurter]], [[William O. Douglas]], [[Frank Murphy]], [[Robert H. Jackson]] and [[James F. Byrnes]]. Historically, only George Washington has had equal or greater influence over Supreme Court appointments (as he chose all its original members). | In the years that followed, Roosevelt replaced outgoing justices of the Supreme Court with people more in line with his views: [[Hugo Black]], [[Stanley Forman Reed|Stanley Reed]], [[Felix Frankfurter]], [[William O. Douglas]], [[Frank Murphy]], [[Robert H. Jackson]] and [[James F. Byrnes]]. Historically, only George Washington has had equal or greater influence over Supreme Court appointments (as he chose all its original members). | ||
Justices Frankfurter, Douglas, Black, and Jackson dramatically checked presidential power by invalidating the executive order at issue in ''Youngstown Sheet & Tube Co. v. Sawyer'': in that case Roosevelt's successor, | Justices Frankfurter, Douglas, Black, and Jackson dramatically checked presidential power by invalidating the executive order at issue in ''Youngstown Sheet & Tube Co. v. Sawyer'': in that case Roosevelt's successor, Harry S. Truman, had ordered private steel production facilities seized in [[Executive Order 10340]] to support the Korean War effort: the Court held that the executive order was not within the power granted to the president by the Constitution. | ||
== Table of U.S. presidents using executive orders == | == Table of U.S. presidents using executive orders == | ||
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Two extreme examples of an executive order are Franklin Roosevelt's [[Executive Order 6102]] "forbidding the hoarding of gold coin, gold bullion, and gold certificates within the continental United States", and [[Executive Order 9066]], which delegated military authority to remove any or all people in a military zone (used to target [[Japanese Americans]], non-citizen [[Germans]], and non-citizen [[Italians]] in certain regions). The order was then delegated to [[General (United States)|General]] [[John L. DeWitt]], and it subsequently paved the way for all Japanese-Americans on the [[West Coast of the United States|West Coast]] to be sent to [[internment|internment camps]] for the duration of [[World War II]]. | Two extreme examples of an executive order are Franklin Roosevelt's [[Executive Order 6102]] "forbidding the hoarding of gold coin, gold bullion, and gold certificates within the continental United States", and [[Executive Order 9066]], which delegated military authority to remove any or all people in a military zone (used to target [[Japanese Americans]], non-citizen [[Germans]], and non-citizen [[Italians]] in certain regions). The order was then delegated to [[General (United States)|General]] [[John L. DeWitt]], and it subsequently paved the way for all Japanese-Americans on the [[West Coast of the United States|West Coast]] to be sent to [[internment|internment camps]] for the duration of [[World War II]]. | ||
President | President George W. Bush issued [[Executive Order 13233]] in 2001, which restricted public access to the papers of former presidents. The order was criticized by the [[Society of American Archivists]] and other groups, who say it "violates both the spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 [[United States Code|USC]] 2201–07", and adding that the order "potentially threatens to undermine one of the very foundations of our nation". President [[Barack Obama]] subsequently revoked Executive Order 13233 in January 2009.<ref>{{cite web|url=https://www.whitehouse.gov/the_press_office/ExecutiveOrderPresidentialRecords/|archive-url=https://web.archive.org/web/20090122234307/http://www.whitehouse.gov/the_press_office/ExecutiveOrderPresidentialRecords/|url-status=dead|archive-date=January 22, 2009|title=Executive Order 13489 of January 21, 2009 – Presidential Records|access-date=January 22, 2009}}, ''[[Federal Register]]'' publication page and date: {{USFR|74|4669}}, January 26, 2009.</ref> | ||
[[The Heritage Foundation]] has accused presidents of abusing executive orders by using them to make laws without Congressional approval and moving existing laws away from their original mandates.<ref>{{cite news | [[The Heritage Foundation]] has accused presidents of abusing executive orders by using them to make laws without Congressional approval and moving existing laws away from their original mandates.<ref>{{cite news | ||
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Executive orders issued by state [[governor (United States)|governors]] are not the same as statutes passed by state legislatures. State executive orders are usually based on existing constitutional or statutory powers of the governor and do not require any action by the state legislature to take effect.<ref name= "https://www.colorado.governor/executive-orders">{{citation | title= About Executive Orders of the State of Colorado | url= https://www.colorado.gov/governor/executive-orders}}</ref><ref name= "https://gov.georgia.gov/executive-orders">{{citation | title= About Executive Orders of the State of Georgia | url= https://gov.georgia.gov/executive-orders}}</ref><ref name= "https://www.governor.wa.gov/office-governor/official-actions/executive-orders">{{citation | title= About Executive Orders of the State of Washington | url= https://www.governor.wa.gov/office-governor/official-actions/executive-orders}}</ref><ref name= "https://www.flgov.com/all-executive-orders">{{citation | title= About Executive Orders of the State of Florida | url= https://www.flgov.com/all-executive-orders}}</ref><ref name= "https://rules.utah.gov/executive-documents">{{citation | title= About Executive Orders of the State of Utah | url= https://rules.utah.gov/executive-documents}}</ref> | Executive orders issued by state [[governor (United States)|governors]] are not the same as statutes passed by state legislatures. State executive orders are usually based on existing constitutional or statutory powers of the governor and do not require any action by the state legislature to take effect.<ref name= "https://www.colorado.governor/executive-orders">{{citation | title= About Executive Orders of the State of Colorado | url= https://www.colorado.gov/governor/executive-orders}}</ref><ref name= "https://gov.georgia.gov/executive-orders">{{citation | title= About Executive Orders of the State of Georgia | url= https://gov.georgia.gov/executive-orders}}</ref><ref name= "https://www.governor.wa.gov/office-governor/official-actions/executive-orders">{{citation | title= About Executive Orders of the State of Washington | url= https://www.governor.wa.gov/office-governor/official-actions/executive-orders}}</ref><ref name= "https://www.flgov.com/all-executive-orders">{{citation | title= About Executive Orders of the State of Florida | url= https://www.flgov.com/all-executive-orders}}</ref><ref name= "https://rules.utah.gov/executive-documents">{{citation | title= About Executive Orders of the State of Utah | url= https://rules.utah.gov/executive-documents}}</ref> | ||
Executive orders may, for example, demand budget cuts from [[state governments of the United States|state government]] when the [[state legislature (United States)|state legislature]] is not in session, and economic conditions take a [[recession|downturn]], thereby decreasing tax revenue below what was forecast when the budget was approved. Depending on the [[state constitution (United States)|state constitution]], a governor may specify by what percentage each [[government agency]] must reduce and may exempt those that are already particularly underfunded or cannot put long-term expenses (such as [[capital expenditures]]) off until a later | Executive orders may, for example, demand budget cuts from [[state governments of the United States|state government]] when the [[state legislature (United States)|state legislature]] is not in session, and economic conditions take a [[recession|downturn]], thereby decreasing tax revenue below what was forecast when the budget was approved. Depending on the [[state constitution (United States)|state constitution]], a governor may specify by what percentage each [[government agency]] must reduce and may exempt those that are already particularly underfunded or cannot put long-term expenses (such as [[capital expenditures]]) off until a later fiscal year. The governor may also call the legislature into [[special session]]. | ||
There are also other uses for gubernatorial executive orders. In 2007, for example, [[Sonny Perdue]], the governor of Georgia, issued an executive order for all [[government of Georgia (U.S. state)|its state agencies]] to reduce water use during a major [[drought]]. The same was demanded of [[list of counties in Georgia|its counties]]' water systems as well, but it was unclear whether the order would have the force of law. | There are also other uses for gubernatorial executive orders. In 2007, for example, [[Sonny Perdue]], the governor of Georgia, issued an executive order for all [[government of Georgia (U.S. state)|its state agencies]] to reduce water use during a major [[drought]]. The same was demanded of [[list of counties in Georgia|its counties]]' water systems as well, but it was unclear whether the order would have the force of law. | ||