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Executive order

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In the United States, a presidential directive , or executive action , is a written or oral instruction or declaration issued by the president of the United States , which may draw upon the powers vested in the president by the Constitution of the United States , statutory law , or, in certain cases, congressional and judicial acquiescence.

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101-562: In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government . The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage

202-553: A Congressional override of an executive order is a nearly impossible event, because of the supermajority vote required, and the fact that such a vote leaves individual lawmakers vulnerable to political criticism. On July 30, 2014, the US House of Representatives approved a resolution authorizing Speaker of the House John Boehner to sue President Obama over claims that he exceeded his executive authority in changing

303-536: A President of the United States of America." Sections   2 and   3 describe the various powers and duties of the president, including "He shall take care that the Laws be faithfully executed". The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to

404-661: A bi-national Fulbright Commission administers and oversees the Fulbright Program. In countries without a Fulbright Commission but that have an active program, the Public Affairs Section of the US Embassy oversees the Fulbright Program. More than 360,000 persons have participated in the program since it began. Fifty-four Fulbright alumni have won Nobel Prizes ; eighty-two have won Pulitzer Prizes . The National Security Language Initiative (NSLI-Y)

505-558: A civilian workforce, and normally uses the Foreign Service personnel system for positions that require service abroad. Employees may be assigned to diplomatic missions abroad to represent the United States, analyze and report on political, economic, and social trends; adjudicate visas; and respond to the needs of US citizens abroad. The US maintains diplomatic relations with about 180 countries and maintains relations with many international organizations, adding up to 273 posts around

606-558: A curriculum vitae, a statement of interest and a written essay. Opportunity is provided to upload letters of recommendations and nominations to support one's application. The Franklin Fellows Program was established in 2006 by the DoS to bring in mid-level executives from the private sector and non-profit organizations to advise the department and to work on projects. Fellows may also work with other government entities, including

707-565: A day of thanksgiving at the request of Congress. The use of executive orders also stretches back at least to 1789. The first directive called an administrative order appeared in 1940. Subsequent directives denominated as administrative orders have taken a variety of forms, and have sometimes overlapped with other kinds of presidential directives. A researcher for the Congressional Research Service in 2008 found that in "general, indications are that, during at least

808-587: A few blocks from the White House , in the Foggy Bottom neighborhood of Washington, D.C. ; "Foggy Bottom" is thus sometimes used as a metonym . Established in 1789 as the first administrative arm of the U.S. executive branch , the State Department is considered among the most powerful and prestigious executive agencies. It is headed by the U.S. secretary of state , who reports directly to

909-520: A key provision of the Affordable Care Act ("Obamacare") on his own and over what Republicans claimed had been "inadequate enforcement of the health care law", which Republican lawmakers opposed. In particular, Republicans "objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage". The suit was filed in

1010-408: 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 its state agencies to reduce water use during a major drought . The same was demanded of its counties ' water systems as well, but it was unclear whether

1111-469: 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

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1212-582: A merit-based system of promotions. The Rogers Act also created the Board of the Foreign Service, which advises the Secretary of State on managing the Foreign Service, and the Board of Examiners of the Foreign Service, which administers the examination process. The post-Second World War period saw an unprecedented increase in funding and staff commensurate with the US's emergence as a superpower and its competition with

1313-467: A particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. Executive orders issued by state 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. Executive orders may, for example, demand budget cuts from state government when

1414-530: A practical presidential tool for policy making because of the perception that proclamations are largely ceremonial or symbolic in nature. However, the legal weight of presidential proclamations suggests their importance to presidential governance. Presidential directive Such directives, which have been issued since the earliest days of the federal government , have become known by various names, and some have prescribed forms and purposes. Presidential directives remain in effect until they are revoked, which

1515-675: A sequential number, after receipt of the signed original from the White House and printing the text of the executive order in the daily Federal Register and eventually in Title   3 of the Code of Federal Regulations . With the exception of William Henry Harrison , all presidents since George Washington in 1789 have issued orders that in general terms can be described as executive orders. Initially, they took no set form and so they varied as to form and substance. The first executive order

1616-478: A single person responsible for that duty. A mail division was established in 1872 and the office of Keeper of Rolls was made independent of the Chief Clerk's Bureau in 1873. Congress legally recognized the bureau system and provided official salaries for some bureau positions in 1873. Following Congressional recognition, several acts of Congress modified the structure of the bureaus between 1874 and 1882. At

1717-525: Is a US Department of State ECA competitive merit-based scholarship to develop the foreign language skills of American high school students in eight critical-need languages. Korean , Mandarin , Russian , Arabic , Hindi , Bahasa Indonesian , Tajiki , and Turkish are all taught in summer and academic year programs abroad, as well as in online classes. NSLI-Y is the most prestigious foreign language program available to American high schoolers and has nearly 9,200 alumni. The Jefferson Science Fellows Program

1818-563: Is based on congressional legislation. Direct repeal by Congress is quite rare in modern times, because it may be necessary to override a presidential veto , which requires an elusive two-thirds supermajority in both chambers. Two of the oldest and best-known directives are the executive order and the presidential proclamation . In 1907, the State Department undertook to retroactively number executive orders and presidential proclamations. The denomination of "executive order"

1919-512: Is managed by a senior official. The senior official in most bureaus is an Assistant Secretary of State , with some senior officials having other titles such as Director or Ambassador-at-Large . The final tier of senior leadership below Assistant Secretary is Deputy Assistant Secretary, of which there are several dozen. Staff below the Deputy Assistant Secretary rank are generally considered "working level." Officials from

2020-572: The Federal Register , and are available to the public only after "a great many years" have elapsed. Unlike executive orders, national security directives are usually directed only to the National Security Council and the most senior executive branch officials, and embody foreign and military policy-making guidance rather than specific instructions. Homeland Security Presidential Directives (HSPDs) appeared soon after

2121-554: The National Performance Review on 3   March 1993. Although they are not included in the Federal Register , they are often recorded in the Weekly Compilation of Presidential Documents . United States Department of State The United States Department of State ( DOS ), or simply the State Department , is an executive department of the U.S. federal government responsible for

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2222-706: The September ;11 attacks , and are sometimes issued concurrently as a § National security directive . Presidential findings are required by statute to be written and signed before covert activities are undertaken, and they must be reported to Congress as soon as possible, before the covert action in question has been initiated. The finding must also be submitted to certain congressional committees. Presidential findings, given their sensitive nature, are classified upon issuance. Presidents often make oral announcements which can be classified as presidential directives, such as Bill Clinton 's inauguration of

2323-694: The State, War, and Navy Building in 1875. Since May 1947, the State Department has been based in the Harry S. Truman Building , which originally was intended to house the Department of Defense; it has since undergone several expansions and renovations, most recently in 2016. Previously known as the "Main State Building" , in September 2000 it was renamed in honor of President Harry S. Truman , who

2424-792: The Treasury Building and then the Seven Buildings at 19th Street and Pennsylvania Avenue. The State Department moved several times throughout the capital in the ensuing decades, including six buildings in September 1800; the War Office Building west of the White House the following May; the Treasury Building once more from September 1819 to November 1866; the Washington City Orphan Home from November 1866 to July 1875; and

2525-683: The U.S. Senate on January 26, 2021, by a vote of 78–22. As of 2024 , the State Department maintains 271 diplomatic posts worldwide, second only to the Ministry of Foreign Affairs of the People's Republic of China . It also manages the U.S. Foreign Service , provides diplomatic training to U.S. officials and military personnel, exercises partial jurisdiction over immigration , and provides various services to Americans, such as issuing passports and visas , posting foreign travel advisories, and advancing commercial ties abroad. The department administers

2626-541: The 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. 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". That court functioned during

2727-523: The census . President Washington signed the new legislation on September 15. Most of these domestic duties gradually were transferred to various federal departments and agencies established in the 19th century. However, the secretary of state still retains a few domestic responsibilities, such as serving as keeper of the Great Seal and being the officer to whom a president or vice president wishing to resign must deliver an instrument in writing declaring

2828-563: The racial integration of the armed forces under President Truman. 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

2929-427: The state legislature is not in session, and economic conditions take a downturn , thereby decreasing tax revenue below what was forecast when the budget was approved. Depending on the 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

3030-770: The 1996 reorganization, the Administrator of the US Agency for International Development (USAID), while leading an independent agency, also reports to the secretary of state, as does the US ambassador to the United Nations . From 1790 to 1800, the State Department was headquartered in Philadelphia , the national capital at the time. It occupied a building at Church and Fifth Street. In 1800, it moved from Philadelphia to Washington, D.C., where it briefly occupied

3131-707: The 2015–16 cycle, 17% and 24% of American applicants were successful in securing research and English Teaching Assistance grants, respectively. However, selectivity and application numbers vary substantially by country and by type of grant. For example, grants were awarded to 30% of Americans applying to teach English in Laos and 50% of applicants to do research in Laos. In contrast, 6% of applicants applying to teach English in Belgium were successful compared to 16% of applicants to do research in Belgium. The US Department of State's Bureau of Educational and Cultural Affairs sponsors

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3232-527: The Army, the Navy, and other Executive departments: The Emancipation Proclamation was an executive order, itself a rather unusual thing in those days. Executive orders are simply presidential directives issued to agents of the executive department by its boss. 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

3333-580: The Committee of Correspondence that was used by the colony of Massachusetts to communicate with the other colonies. The Committee of Secret Correspondence was renamed the Committee of Foreign Affairs in 1777. In 1781, the Department of Foreign Affairs was established as a permanent body to replace the Committee of Foreign Affairs, and the office of secretary of foreign affairs was established to lead

3434-877: The Congress , White House , and executive branch agencies, including the Department of Defense , Department of Commerce , and Department of Homeland Security . The program is named in honor of Benjamin Franklin , and aims to attract mid-career professionals to enrich and expand the department's capabilities. Unlike the Jefferson Science Fellows Program, a Franklin Fellowship is a year-long volunteer position for which one may obtain sponsor support or participate out of personal resources. Participation areas assigned to Franklin Fellows are determined by several factors, including issues of priority to

3535-500: The Constitution". 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

3636-738: The Consular Bureau; the Home Bureau; and the Keeper of the Archives, Translator, and Disbursing Agent. The office of Commissioner of Patents was created in 1836. In 1842, the Department of State was required to report to Congress on foreign commercial systems, and a clerk within the department was assigned the responsibility of arranging this information. This position was established as the Superintendent of Statistics in 1854 and

3737-405: The Department of State was the fourth most desired employer for undergraduates according to BusinessWeek . From 2009 to 2017, the State Department launched 21st Century Statecraft, with the official goal of "complementing traditional foreign policy tools with newly innovated and adapted instruments of statecraft that fully leverage the technologies of our interconnected world." The initiative

3838-473: The Department of State/USAID, to help with its daily operations. The program is applied for, follows a process starting in August, and takes about a year to learn a candidate's ranking results. Awards are not solely achievement based, but intelligence and writing skills should support one's suitability for the position as the committee determines. A candidate applies for the program online, which entails submitting

3939-752: The Diplomatic Bureau; the Consular Bureau; the Home Bureau; the Bureau of Archives, Laws, and Commissions; the Bureau of Pardons and Remissions, Copyrights, and the Care of the Library; the Disbursing and Superintending Bureau; and the Translating and Miscellaneous Bureau. His successor John Forsyth reduced this number to just four the following year, overseen by a chief clerk: the Diplomatic Bureau;

4040-509: The Executive Branch, the Department of State is the lead US foreign affairs agency, and its head, the secretary of state, is the president's principal foreign policy advisor. The department advances US objectives and interests in the world through its primary role in developing and implementing the president's foreign policy. It also provides an array of important services to US citizens and to foreigners seeking to visit or immigrate to

4141-550: The Fulbright Program from an annual appropriation from the U.S. Congress . Additional direct and in-kind support comes from partner governments, foundations, corporations, and host institutions both in and outside the US The Fulbright Program is administered by cooperating organizations like the Institute of International Education . It operates in over 160 countries around the world. In each of 49 countries,

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4242-566: The Fulbright Program, competitively selected US citizens may become eligible for scholarships to study, conduct research, or exercise their talents abroad; and citizens of other countries may qualify to do the same in the United States. The program was established to increase mutual understanding between the people of the United States and other countries through the exchange of persons, knowledge, and skills. The Fulbright Program provides 8,000 grants annually to undertake graduate study, advanced research, university lecturing, and classroom teaching. In

4343-710: The President of the United States conducts the administrative operations of the Federal Government" which "include but are not limited to memoranda, notices, determinations, letters, and messages". Directives commonly known as national security directives have been issued within the National Security Council by every president since Truman in various forms, involving foreign, military and domestic policies. Generally, such directives are highly classified, are not required to be published in

4444-604: The Secretary through the Assistant Secretaries are nominated by the President and confirmed by the Senate. Under the Obama administration, the website of the Department of State had indicated that the State Department's 75,547 employees included 13,855 foreign service officers; 49,734 locally employed staff, whose duties are primarily serving overseas; and 10,171 predominantly domestic civil service employees. Since

4545-767: The Soviet Union in the subsequent Cold War. Consequently, the number of domestic and overseas employees grew from roughly 2,000 in 1940 to over 13,000 in 1960. In accordance with the 1984 Act to Combat International Terrorism, the U.S. State Department established the Rewards for Justice program . The Rewards For Justice program offered money as an incentive for information leading to the arrest of leaders of terrorist groups, financiers of terrorism, including any individual that abide in plotting terror attacks by cooperating with extremist groups. The Rewards For Justice program offered money as an incentive for information leading to

4646-588: The State Department spending time in the United States and interacting with their American colleagues, leadership and counterparts. Notable alumni of Professional Fellows include Edmond Fernandes , Anoka Abeyratne . The Fulbright Program, including the Fulbright–Hays Program , is a program of competitive, merit-based grants for international educational exchange for students, scholars, teachers, professionals, scientists and artists, founded by United States Senator J. William Fulbright in 1946. Under

4747-470: The Statistical Office was created within the department. In 1853, the office of Assistant Secretary of State was created to oversee the heads of each bureau. A Commissioner of Immigration existed between 1864 and 1868. An Examiner of Claims was established in 1868 to address claims by American citizens against foreign nations, but it was abolished in 1868 and then reestablished in 1870 under

4848-560: The Supreme Court overturned five of Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284a and 6855). Executive Order 12954 , issued by President Bill Clinton in 1995, 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 and overturned

4949-442: The Supreme Court with people more in line with his views: Hugo Black , 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

5050-462: The U.S. president and is a member of the Cabinet . Analogous to a foreign minister , the secretary of state serves as the federal government's chief diplomat and representative abroad, and is the first Cabinet official in the order of precedence and in the presidential line of succession . The position is currently held by Antony Blinken , who was appointed by President Joe Biden and confirmed by

5151-583: The US District Court for the District of Columbia on November 21, 2014. Part of President Donald Trump 's executive order Protecting the Nation from Foreign Terrorist Entry into the United States , which temporarily banned entry to the US of citizens of seven Muslim-majority countries, including for permanent residents, was stayed by a federal court on January 28, 2017. However, on June 26, 2018,

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5252-524: The US Supreme Court overturned the lower court order in Trump v. Hawaii and affirmed that the executive order was within the president's constitutional authority. The degree to which the president has the power to use executive orders to set policy for independent federal agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been

5353-449: The United States. All foreign affairs activities—US representation abroad, foreign assistance programs, countering international crime, foreign military training programs, the services the department provides, and more—are paid for out of the foreign affairs budget, which represents little more than 1% of the total federal budget. The department's core activities and purpose include: The Department of State conducts these activities with

5454-640: The age range of 18 to 35 years old from the 10 member-states of the Association of Southeast Asian Nations and Timor Leste . YSEALI's programs include competitive exchange fellowship programs to the United States , virtual and on-ground workshops within Southeast Asia , and seed grant funding opportunities. The programs fall under the key core themes of civic engagement , sustainable development , economic development , governance , and

5555-430: The arrest of leaders of terrorist groups , financiers of terrorism, including any individual that abide in plotting terror attacks by cooperating with extremist groups . In 1997, Madeleine Albright became the first woman appointed Secretary of State and the first foreign-born woman to serve in the Cabinet. The 3rd millennium saw the department reinvent itself in response to the rapid digitization of society and

5656-415: The authority vested in me by the Constitution", thereby creating the National Labor Relations Board . In 1934, while Charles Evans Hughes was Chief Justice of the United States (the period being known as the Hughes Court ), the Court found that the National Industrial Recovery Act (NIRA) was unconstitutional. The president then issued Executive Order 7073 "by virtue of the authority vested in me under

5757-538: The bureau was replaced by an office to facilitate the transfer of information between consular offices and the new department. The Passport Bureau was restored the same year, and its name was changed to the Bureau of Citizenship in 1907. The department underwent a major reform in 1909 when Congress expanded its funding. Separate divisions were established within the Department for Latin American Affairs, Far Eastern Affairs, Near Eastern Affairs, Western European Affairs, and Information. An additional Division of Mexican Affairs

5858-506: The country as well as a candidate's degree of career seniority and personal interests. See also Young Southeast Asian Leaders Initiative The Young Southeast Asian Leaders Initiative (YSEALI) (pronounced / w aɪ s iː ˈ l iː / ) is a program of the DoS for emerging leaders from Southeast Asia . The program was launched by President Barack Obama in Manila in December 2013 as a way to strengthen leadership development, networking, and cultural exchange among emerging leaders within

5959-400: The country's foreign policy and relations . Equivalent to the ministry of foreign affairs of other nations, its primary duties are advising the U.S. president on international relations, administering diplomatic missions , negotiating international treaties and agreements, and representing the U.S. at the United Nations . The department is headquartered in the Harry S Truman Building ,

6060-426: The decision. Reflecting the fledgling status of the US at the time, the Department of State under Secretary Jefferson comprised only six personnel, two diplomatic posts (in London and Paris), and 10 consular posts. When Jefferson took charge of the department, one clerk oversaw The Foreign Office and another oversaw the Home Office. Congress authorized the department hire a chief clerk for each office in June 1790, but

6161-412: The department the first federal agency to be created under the new Constitution. This legislation remains the basic law of the Department of State. In September 1789, additional legislation changed the name of the agency to the Department of State and assigned it a variety of domestic duties, including managing the United States Mint , keeping the Great Seal of the United States , and administering

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6262-425: The department. The U.S. Constitution , drafted September 1787 and ratified the following year, gave the president responsibility for conducting the federal government's affairs with foreign states. To that end, on July 21, 1789, the First Congress approved legislation to reestablish the Department of Foreign Affairs under the new government, which President George Washington signed into law on July 27, making

6363-433: The departments of Defense, Treasury, and Commerce. The department also consults with Congress about foreign policy initiatives and policies. The most senior official in the Department is the Secretary of State. The Secretary is the chief executive officer of the Department of State and a member of the Cabinet who answers directly to, and advises, the president of the United States . The Secretary organizes and supervises

6464-456: The end of the nineteenth century, the department consisted of the Chief Clerk's Bureau, the Diplomatic Bureau, the Consular Bureau, the Bureau of Accounts, the Bureau of Foreign Commerce, the Bureau of Appointments, and the Bureau of Archives. Other offices, such as that of translator, also operated separately from the bureau system. In 1903, the Bureau of Foreign Commerce was transferred to the newly created Department of Commerce and Labor , and

6565-439: The entire department and its staff. Immediately subordinate to the Secretary are the Deputy Secretary and the Deputy Secretary for Management and Resources , the second- and third-highest ranking officials in the department. Ranking below the two Deputy Secretaries are six Under Secretaries , who each oversee several bureaus and offices tasked with specific areas of policy and administration. Each bureau or office, in turn,

6666-404: The executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the Congress in statutes . Attempts to block such orders have been successful at times, when such orders either exceeded the authority of the president or could be better handled through legislation. The Office of the Federal Register is responsible for assigning the executive order

6767-461: 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. Large policy changes with wide-ranging effects have been implemented by executive order, including

6868-429: The final months of World War I, the Bureau of Citizenship was split into the Division of Passport Control and the Visa Office. Other changes made during World War I include the conversion of the Division of Information into the Division of Foreign Intelligence in 1917 and the establishment of the Correspondence Bureau in 1918. The Division of Russian Affairs was established in 1919, and the Division of Political Information

6969-420: The financial means to sustain their work abroad. Combined with the common practice of appointing individuals based on politics or patronage, rather than merit, this led the department to largely favor those with political networks and wealth, rather than skill and knowledge. In 1833, Secretary of State Louis McLane oversaw a major restructure of the Department of State into a formal collection of seven bureaus:

7070-463: The first 100 days of his presidency, more than any other president since Harry Truman. Before 1932, uncontested executive orders had determined such issues as national mourning on the death of a president and the lowering of flags to half-staff. President Franklin Roosevelt issued the first of his 3,522 executive orders on March 6, 1933, declaring a bank holiday , and forbidding banks to release gold coin or bullion . Executive Order 6102 forbade

7171-432: The global economy. In 2007, it launched an official blog, Dipnote , as well as a Twitter account of the same name, to engage with a global audience. Internally, it launched a wiki , Diplopedia ; a suggestion forum called the Sounding Board ; and a professional networking software, "Corridor". In May 2009, the Virtual Student Federal Service (VSFS) was created to provide remote internships to students. The same year,

7272-520: The head of state and head of government of the United States, as well as commander-in-chief of the United States Armed Forces, only the president of the United States can issue an executive order. Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify or make exceptions from any executive order, whether

7373-613: The hoarding of gold coin, bullion and gold certificates . A further executive order required all newly mined domestic gold be delivered to the Treasury. By Executive Order 6581, the president created the Export-Import Bank of the United States . On March 7, 1934, he established the National Recovery Review Board (Executive Order 6632). On June 29, the president issued Executive Order 6763 "under

7474-621: The military occupation of Louisiana during the American Civil War , and Lincoln also used Executive Order   1 to appoint Charles A. Peabody as judge and designate the salaries of the court's officers. President Harry Truman 's Executive Order 10340 placed all the country's steel mills 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

7575-652: The newly established Law Bureau. In 1870, Secretary of State Hamilton Fish reorganized the department into twelve bureaus: the Chief Clerk's Bureau, two Diplomatic Bureaus, two Consular Bureaus, the Law Bureau, the Bureau of Accounts, the Statistical Bureau, the Bureau of Translations, the Bureau of Pardons and Commissions, the Bureau of Domestic Records, and the Passport Bureau. The bureaus of law, translations, and domestic records each consisted of

7676-483: The offices were consolidated under a single clerk the following month. In 1793, responsibility over patents was transferred from the cabinet to the Department of State. The office of superintendent of patents was created to carry out this responsibility, but the office was not recognized by Congress until 1830. In the 19th century, the U.S. State Department was responsible for administering the consular services and Diplomatic Security Service (DSS). The Department of State

7777-649: The oldest U.S. civilian intelligence agency, the Bureau of Intelligence and Research , and maintains a law enforcement arm , the Diplomatic Security Service (DSS). The Articles of Confederation did not designate a separate executive branch of the government. Foreign affairs were delegated to the Committee of Secret Correspondence by the Congress of the Confederation in 1775, based on

7878-402: The order was made by the current president or a predecessor. Typically, a new president reviews in-force executive orders in the first few weeks in office. The United States Constitution does not have a provision that explicitly permits the use of executive orders. Article   II , Section   1, Clause   1 of the Constitution simply states: "The executive Power shall be vested in

7979-419: The order would have the force of law. According to political expert Phillip J. 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 or conditions on situations that become legal or economic truth. Such orders carry

8080-456: The order. Congress has the power to overturn an executive order by passing legislation that invalidates it, and can also refuse to provide funding necessary to carry out certain policy measures contained with the order or legitimize policy mechanisms. In the case of the former, the president retains the power to veto such a decision; however, Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that

8181-399: The orders lack support by statute or the Constitution. Some policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes. As

8282-521: 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 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. In 2021, President Joseph Biden issued 42 executive orders in

8383-615: The past 40 years, presidential directives published in the Federal Register in forms other than those of executive orders, or proclamations, have been denominated as administrative orders when reproduced in CFR Title   3 compilations." These forms included: "delegations of authority, determinations , directives, findings, letters, memoranda , and orders". A research guide by the National Archives defined administrative orders as "unnumbered signed documents through which

8484-471: The president is free to do. The classification of presidential directives is not easily done, as the distinction between the types can be quite arbitrary, arising from convenience and bureaucratic evolution, and none are defined in the Constitution. The different types may overlap. As one legal scholar put it, "it is a bit misleading to overclassify presidential directives as comprising separate and distinct 'types' just because they have different headings at

8585-732: The renovation of the buildings on the 11.8 acres (4.8 ha) Navy Hill campus, which housed the World War II headquarters of the Office of Strategic Services and was the first headquarters of the Central Intelligence Agency . In June 2022 the State Department launched a new transnational association , the Minerals Security Partnership . The Executive Branch and the Congress have constitutional responsibilities for US foreign policy. Within

8686-503: The resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power ( delegated legislation ). The vast majority of executive orders are proposed by federal agencies before being issued by the president. Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if

8787-814: The said Emergency Relief Appropriation Act of 1935 ", re-establishing the National Emergency Council to administer the functions of the NIRA in carrying out the provisions of the Emergency Relief Appropriations Act. On June 15, he issued Executive Order 7075, which terminated the NIRA and replaced it with the Office of Administration of the National Recovery Administration . In the years that followed, Roosevelt replaced outgoing justices of

8888-415: The same force of law as executive orders, the difference between being that executive orders are aimed at those inside government, but proclamations are aimed at those outside government. The administrative weight of those proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers". Presidential proclamations are often dismissed as

8989-572: The spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 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. 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. In 1935,

9090-408: The top of the first page." In terms of legal applicability, what matters is the substance of the directive, not the form, unless a certain kind of directive is specifically required by relevant statute. Presidential directives may be challenged in court or through congressional action. Congress may revoke or modify a presidential directive, directly or indirectly, but only insofar as the directive

9191-506: The world. In the United States, about 5,000 professional, technical, and administrative employees work compiling and analyzing reports from overseas, providing logistical support to posts, communicating with the American public, formulating and overseeing the budget, issuing passports and travel warnings , and more. In carrying out these responsibilities, the Department of State works in close coordination with other federal agencies, including

9292-530: Was a major proponent of internationalism and diplomacy. As the DOS is located in the Foggy Bottom neighborhood of Washington, it is sometimes metonymically referred to as "Foggy Bottom". The US Department of State has in the recent years rolled out Professional Exchange Fellows who have risen to professional ranks in their lives and are chosen by the US Embassies worldwide to be a professional fellows of

9393-417: Was composed of two primary administrative units: the diplomatic service, which staffed US legations and embassies, and the consular service, which was primarily responsible for promoting American commerce abroad and assisting distressed American sailors. Each service developed separately, but both lacked sufficient funding to provide for a career; consequently, appointments to either service fell on those with

9494-548: Was designed to utilize digital technology and the Internet to promote foreign policy goals; examples include promoting an SMS campaign to provide disaster relief to Pakistan, and sending DOS personnel to Libya to assist in developing Internet infrastructure and e-government. Colin Powell , who led the department from 2001 to 2005, became the first African-American to hold the post; his immediate successor, Condoleezza Rice ,

9595-578: Was established in 1915. The Bureau of Trade Relations was abolished in 1912 and replaced by an Office of Foreign Trade Advisers, and the Office of the Adviser on Commercial Treaties was split from this office in 1916. During World War I , the Bureau of Citizenship was tasked with vetting every person who entered or departed from the United States to ensure public safety. New branches of the Bureau of Citizenship were opened in New York and San Francisco. In

9696-551: Was established in 1920. The Department of State underwent its first major overhaul with the Rogers Act of 1924 , which merged the diplomatic and consular services into the Foreign Service , a professionalized personnel system under which the secretary of state is authorized to assign diplomats abroad. An extremely difficult Foreign Service examination was also implemented to ensure highly qualified recruits, along with

9797-450: Was established in 2003 by the DoS to establish a new model for engaging the American academic science, technology, engineering and medical communities in the formulation and implementation of US foreign policy. The Fellows (as they are called, if chosen for the program) are paid around $ 50,000 during the program and can earn special bonuses of up to $ 10,000. The program's intent is to equip Fellows with awareness of procedural intricacies of

9898-544: Was issued by Washington on June 8, 1789; addressed to the heads of the federal departments, it instructed them "to impress [him] with a full, precise, and distinct general idea of the affairs of the United States" in their fields. According to political scientist Brian R. Dirck, the most famous executive order was by President Abraham Lincoln when he issued the Emancipation Proclamation on September 22, 1862, which in part contained explicit directions to

9999-728: Was largely due to the fact that the first executive order they chose to number (from 1862) was titled "Executive Order Establishing a Provisional Court in Louisiana". It was an imperfect exercise, however, and many directives were missed. The Federal Register Act of 1935 required both executive orders and proclamations to be published in the Federal Register , with few exceptions. The proper form and routing of executive orders and presidential proclamations has been governed since 1962 by E.O. 11030 , as amended. The first presidential proclamation appeared in October 1789 declaring

10100-657: Was the second female secretary of state and the second African-American. Hillary Clinton became the third female secretary of state when she was appointed in 2009. In 2014, the State Department began expanding into the Navy Hill Complex across 23rd Street NW from the Truman Building. A joint venture consisting of the architectural firms of Goody, Clancy and the Louis Berger Group won a $ 2.5 million contract in January 2014 to begin planning

10201-556: Was then delegated to General John L. DeWitt , and it 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 . 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

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