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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". | ||