The Foreign Trade Bank of the Democratic People's Republic of Korea ( Joson Trade Bank ) is North Korea 's primary foreign exchange bank , and is owned and run by the North Korean government .
98-555: On March 11, 2013, the United States designated the bank as falling under US executive order 13382, which applies to "proliferators of weapons of mass destruction and their supporters". The order freezes all assets, and prohibits any transactions between US entities and the bank. On May 7, 2013, the state-controlled Bank of China announced that they would stop all dealings with the Foreign Trade Bank. China has in
196-428: A stub . You can help Misplaced Pages by expanding it . This article about a North Korean company is a stub . You can help Misplaced Pages by expanding it . Executive order 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
294-587: A vesting clause that confers federal executive power upon the President. Similar clauses are found in Article I and Article III ; the former bestows federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court, and other federal courts established by law. These three articles together secure a separation of powers among the three branches of
392-502: A Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. The president's salary, currently $ 400,000 a year, must remain constant throughout the president's term. The president may not receive other compensation from either the federal or any state government. Before he enter on
490-554: 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
588-762: A Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse [ sic ] from them by Ballot the Vice President. ( Note: This procedure
686-538: 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
784-522: 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
882-408: 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
980-469: 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
1078-649: A loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need." The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to
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#17327757747321176-476: 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
1274-658: 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. Article Two of the United States Constitution Article Two of the United States Constitution establishes the executive branch of the federal government , which carries out and enforces federal laws. Article Two vests
1372-677: 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
1470-510: Is done by the vice president and Cabinet, the Amendment permits the president to take control back, unless the vice president and Cabinet challenge the president and two-thirds of both Houses vote to sustain the findings of the vice president and Cabinet. If the declaration is done by the president, the president may take control back without risk of being overridden by the Congress. The President shall, at stated Times, receive for his Services,
1568-449: Is the names of the candidates who are on the ballot to be elected. Most states do not put the names of the electors on the ballot. It is generally understood by the voters and the electors themselves that they are the representative "stand-ins" for the candidates and are expected to cast their electoral college ballots for the president and vice president who appeared on the ballot. The actual electors being voted for are usually selected by
1666-693: The 1st United States Congress passed the Oath Administration Act (that remains in effect) which provides that "...the oath or affirmation required by the sixth article of the Constitution of the United States… shall be administered to [the President of the Senate]". Currently, the vice presidential oath is the same as that for members of Congress and members of the Cabinet. I do solemnly swear (or affirm) that I will support and defend
1764-553: The 23rd Amendment , the District of Columbia may choose no more electors than the state with the lowest number of electoral votes (in effect, three electors), although since that amendment's ratification the District's population has never reached the threshold that would otherwise entitle it to choose four or more electors. U.S. Senators, Representatives and federal government officials are barred from becoming electors; in practice,
1862-543: 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
1960-422: The chief justice , declared in his dissent "It would require far more of a discourse than could profitably be included in an opinion such as this to fully describe the preeminent position that the president of the United States occupies with respect to our Republic. Suffice it to say that the president is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as
2058-565: The federal government , and individually, each one entrenches checks and balances on the operation and power of the other two branches. Article I grants certain powers to Congress, and the Vesting Clause does not reassign those powers to the President. In fact, because those actions require legislation passed by Congress which must be signed by the President to take effect, those powers are not strictly executive powers granted to or retained by Congress per se. Nor were they retained by
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#17327757747322156-563: 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
2254-427: 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
2352-532: The "principal officer" of any executive department to tender advice. Though not required by Article Two, President George Washington organized the principal officers of the executive departments into the Cabinet , a practice that subsequent Presidents have followed. The Treaty Clause grants the President the power to enter into treaties with the approval of two-thirds of the Senate . The Appointments Clause grants
2450-477: 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
2548-641: The Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces." Treaties are official agreements with foreign governments. Treaties must be approved by Senate. While the President does not make treaties, the President shapes and determines U.S. foreign policy initiatives, can enter into discussions and give conditional approval to agreements reached with foreign governments subject to Senate approval. In their capacity as Head of State and individual representative of
2646-475: The Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Under the U.S. Constitution the President and Vice President are chosen by electors , under a Constitutional grant of authority delegated to the legislatures of the several states. The Constitution reserves the choice of the precise manner for selecting electors to
2744-468: The Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. In the landmark decision Nixon v. General Services Administration (1977), Justice William Rehnquist , afterwards
2842-500: 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
2940-732: The Constitution." Andrew Jackson , while vetoing an Act for the renewal of the charter of the national bank, implied that the president could refuse to execute statutes that he felt were unconstitutional. In suspending the privilege of the writ of habeas corpus , President Abraham Lincoln claimed that he acted according to the oath. His action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Chief Justice Roger B. Taney ) in Ex Parte Merryman , 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order. Finally, Andrew Johnson 's counsel referred to
3038-744: The Day on which they shall give their Votes; which Day shall be the same throughout the United States. Congress sets a national Election Day . Currently, electors are chosen on the Tuesday following the first Monday in November (the first Tuesday after November 1), in the year before the president's term is to expire. The electors cast their votes on the Monday following the second Wednesday in December (the first Monday after December 12) of that year. Thereafter,
Foreign Trade Bank of the Democratic People's Republic of Korea - Misplaced Pages Continue
3136-541: The Disability be removed, or a President shall be elected. ( Note: This clause was partially superseded by the 25th Amendment in 1967.) The wording of this clause caused much controversy at the time it was first used. When William Henry Harrison died in office, a debate arose over whether the vice president would become president, or if he would just inherit the powers, thus becoming an acting president. Harrison's vice president, John Tyler , believed that he had
3234-544: The Electoral College in a manner directed by each state's respective legislature, with the states granted electors equal to their combined representation in both houses of Congress . Section 1 lays out the procedures of the Electoral College and requires the House of Representatives to hold a contingent election to select the President if no individual wins a majority of the electoral vote. Section 1 also sets forth
3332-796: The Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." According to the Joint Congressional Committee on Presidential Inaugurations, George Washington added the words "So help me God" during his first inaugural, though this has been disputed. There are no contemporaneous sources for this fact, and no eyewitness sources to Washington's first inaugural mention
3430-665: The House of Representatives shall immediately chuse [ sic ] by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse [ sic ] the President. But in chusing [ sic ] the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of
3528-515: The Internet to declaring martial law. This led the magazine The Atlantic to observe that "the misuse of emergency powers is a standard gambit among leaders attempting to consolidate power", because, in the words of Justice Robert H. Jackson 's dissent in Korematsu v. United States (1944), the decision that upheld the internment of Japanese Americans , each emergency power "lies about like
3626-478: The Middle Ages up to the Constitution's creation. The 12th Amendment introduced a number of important changes to the procedure. Now, electors do not cast two votes for president; rather, they cast one vote for president and another for vice president. In case no presidential candidate receives a majority, the House chooses from the top three (not five, as before the 12th Amendment). The Amendment also requires
3724-488: The Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. At the time of taking office , the President must be: A person who meets the above qualifications, however, may still be constitutionally barred from holding the office of president under any of the following conditions: In Case of
3822-402: The President the power to appoint judges and public officials subject to the advice and consent of the Senate, which in practice has meant that Presidential appointees must be confirmed by a majority vote in the Senate. The Appointments Clause also establishes that Congress can, by law, allow the President, the courts, or the heads of departments to appoint "inferior officers" without requiring
3920-677: The President to inform Congress of the "state of the union"; since 1913 this has taken the form of a speech referred to as the State of the Union . The Recommendation Clause requires the President to recommend measures deemed "necessary and expedient." The Take Care Clause requires the President to obey and enforce all laws, though the President retains some discretion in interpreting the laws and determining how to enforce them. Section 4 of Article Two gives directives on impeachment. The directive states, "The President, Vice President and all civil Officers of
4018-629: The Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until
Foreign Trade Bank of the Democratic People's Republic of Korea - Misplaced Pages Continue
4116-712: The Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then
4214-453: The Senate to choose the vice president from those with the two highest figures if no vice presidential candidate receives a majority of electoral votes (rather than only if there's a tie for second for president). It also stipulates that to be the vice president, a person must be qualified to be the president. The Congress may determine the Time of chusing [ sic ] the Electors, and
4312-499: 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
4410-442: 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
4508-469: The U.S. Congress as leftovers from the Articles of Confederation. The Articles of Confederation, Continental Congress and its powers were abolished at the time the new U.S. Congress was seated and the new federal government formally and officially replaced its interim predecessor. The President may order military action in defense of the United States pursuant to "a national emergency created by attack upon
4606-577: 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,
4704-527: 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
4802-579: 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 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
4900-463: The United States shall be removed from office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." The executive Power shall be vested in a President of the United States of America. The person shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Section 1 begins with
4998-419: The United States, its territories or possessions, or its armed forces". The President must notify Congress within 48 hours after the beginning of military operations, giving the source of his authority for the action. Once legal notification is given to Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the President "determines and certifies to
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#17327757747325096-514: The United States, the President has the authority to withdraw the United States from treaties when it is in the best interests and well being of the U.S. Presidential appointments are approved by advice and consent of the Senate. Senate consent occurs when a majority of senators votes to approve a nominee. The head of the Executive Branch is the President. The Constitution states that the President and Vice President are to be elected at
5194-472: The ability of a state to appoint its electors based on electoral districts rather than a statewide popular vote, describing the power of state legislatures to determine the method of appointment of electors as "plenary", and suggesting that it was not limited even by state constitutions. In Bush v. Palm Beach County Canvassing Board (2000), the Supreme Court remanded to the Supreme Court of Florida
5292-420: The advice and consent of the Senate. The final clause of Section 2 grants the President the power to make recess appointments to fill vacancies that occur when the Senate is in recess. Section 3 of Article Two lays out the responsibilities of the President, granting the President the power to convene both Houses of Congress, receive foreign representatives, and commission all federal officers. Section 3 requires
5390-489: The armed forces, or by vesting in him a broad, undefined “executive Power.” Congress has delegated at least 136 distinct statutory emergency powers to the President, each available upon the declaration of an emergency. Only 13 of these require a declaration from Congress; the remaining 123 are assumed by an executive declaration with no further Congressional input. Congressionally-authorized emergency presidential powers are sweeping and dramatic and range from seizing control of
5488-698: 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
5586-590: The candidate's party. There have been a few cases where some electors have refused to vote for the designated candidate, termed a faithless elector . Many states have mandated in law that electors shall cast their electoral college ballot for the designated presidential candidate. The constitutionality of such mandates was established by the Supreme Court of the United States in Chiafalo v. Washington (2020). Each state chooses as many electors as it has representatives and senators representing it in Congress. Under
5684-450: The constraints of eighteenth-century technology there was no practical means for that constituency to resolve deadlocked elections in a timely manner, thus necessitating the involvement of Congress in resolving deadlocked elections. Obviously, having the electors meet in the national capital or some other single venue could have permitted the electors to choose a president by means of an exhaustive ballot without Congressional involvement, but
5782-471: The duties imposed upon him are awesome indeed." Unlike the modern constitutions of many other countries, which specify when and how a state of emergency may be declared and which rights may be suspended, the U.S. Constitution itself includes no comprehensive separate regime for emergencies. However, according to The Atlantic , some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of
5880-550: The electors met in a single venue, especially under the initial assumption that they would act independently as opposed to being bound to vote for particular candidates, they would be vulnerable to the influence of mobs who might try to ensure a particular result by means of threats and intimidation – this had been a fairly common occurrence in European elections for powerful officials by relatively small constituencies (for example, and perhaps in particular, in papal elections ) from
5978-561: The eligibility requirements for the office of the President, provides procedures in case of a Presidential vacancy, and requires the President to take an oath of office . Section 2 of Article Two lays out the powers of the Presidency, establishing that the President serves as the Commander-in-Chief of the military, among many other roles. This section gives the President the power to grant pardons . Section 2 also requires
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#17327757747326076-596: 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
6174-649: 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
6272-400: The executive power of the federal government is vested in the President and, along with the Vesting Clauses of Article One and Article Three , establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College , the body charged with electing the President and the Vice President. Section 1 provides that each state chooses members of
6370-490: The fifteen Cabinet secretaries in order of each department's establishment. There are concerns regarding the constitutionality of having members of Congress in the line of succession, however, as this clause specifies that only an " officer of the United States " may be designated as a presidential successor. Constitutional scholars from James Madison to the present day have argued that the term "officer" excludes members of Congress. The 25th Amendment explicitly states that if
6468-464: 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
6566-401: The five with the greatest number of votes. When the House voted, each state delegation cast one vote, and the vote of a majority of states was necessary to choose a president. If second-place candidates were tied, then the Senate broke the tie. A quorum in the House consisted of at least one member from two-thirds of the state delegations; there was no special quorum for the Senate. This procedure
6664-506: The framers were dissuaded from such an arrangement by two major considerations. First, it would have been quite burdensome for electors from distant states to travel to the national capital using eighteenth century means for the sole purpose of electing the president – since they were to be barred from simultaneously serving in the federal government in any other capacity, electors would likely have no other reason to go there. But probably even more importantly, many framers genuinely feared that if
6762-406: 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
6860-481: The implementation of broad statutes. As 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
6958-408: The individuals voted for had to be from a state different from the elector's. The individual with the majority of votes became president, and the runner-up became vice president. In case of a tie between candidates who received votes from a majority of electors, the House of Representatives would choose one of the tied candidates; if no person received a majority, then the House could again choose one of
7056-622: 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
7154-402: 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
7252-420: 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
7350-458: 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
7448-522: 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
7546-521: The past been reluctant to sanction North Korea, even though China has been very unsatisfied with North Korea's aggressive stance and pursuit of nuclear weapons. Stopping the dealing with the Foreign Trade Bank is seen as a significant signal by China to put pressure on North Korea. On August 5, 2017 the UN Security Council adopted Resolution 2371 expanding financial sanctions to include the bank. After UN Security Council Resolution 2094
7644-400: The phrase at all—including those that transcribed what he said for his oath. Also, the president-elect's name is typically added after the "I", for example, "I, George Washington, do...." Normally, the chief justice of the United States administers the oath. It is sometimes asserted that the oath bestows upon the president the power to do whatever is necessary to "preserve, protect and defend
7742-643: The power of Congress to regulate political contributions intended to influence the appointment of electors in Burroughs v. United States (1934). The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to
7840-456: The power of the executive branch in the office of the President of the United States , lays out the procedures for electing and removing the President, and establishes the President's powers and responsibilities. Section 1 of Article Two establishes the positions of the President and the Vice President, and sets the term of both offices at four years. Section 1's Vesting Clause declares that
7938-413: The president dies, resigns or is removed from office, the vice president becomes president, and also establishes a procedure for filling a vacancy in the office of the vice president. The Amendment further provides that the president, or the vice president and Cabinet, can declare the president unable to discharge his or her duties, in which case the vice president becomes Acting president. If the declaration
8036-401: The president's death. The "Tyler Precedent" established that if the president dies, resigns or is removed from office, the vice president becomes president. The Congress may provide for a line of succession beyond the vice president. The current Presidential Succession Act establishes the order as the speaker of the House of Representatives, the president pro tempore of the Senate and then
8134-538: 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 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
8232-636: The question of "the extent to which the Florida Supreme Court saw the Florida Constitution as circumscribing the legislature's authority under Art. II, § 1, cl. 2". In Williams v. Rhodes (1968), the Court struck down as a violation of the Equal Protection Clause an Ohio law which placed heavy burdens on minor parties seeking to be placed on the ballot for presidential electors. The Supreme Court upheld
8330-481: The right to become president. However, many senators argued that he only had the right to assume the powers of the presidency long enough to call for a new election. Because the wording of the clause is so vague, it was impossible for either side to prove its point. Tyler took the Oath of Office as president, setting a precedent that made it possible for later vice presidents to ascend to the presidency unchallenged following
8428-762: 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
8526-415: 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
8624-515: The same time, for the same term, and by the same constituency. It is believed the framers wanted to preserve the independence of the executive branch should the Vice President assume the Presidency. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in
8722-574: 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,
8820-461: The theory during his impeachment trial . Otherwise, few have seriously asserted that the oath augments the president's powers. The vice president also has an oath of office , but it is taken under the Oath or Affirmation Clause of Article VI that provides that "all ... Officers ... of the United States ... shall be bound by Oath or Affirmation, to support this Constitution". Pursuant to Article VI,
8918-415: The two major federal parties frequently select senior state party and government officials (up to and including governors) to serve as electors. All states other than Maine (including the District of Columbia) use a first past the post system in their presidential elections. In 2020, Maine switched from first past the post to ranked choice . In McPherson v. Blacker (1892), the Supreme Court affirmed
9016-550: The votes are opened and counted by the vice president, as president of the Senate , in a joint session of Congress . Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to
9114-538: The will of the state legislatures. It does not define or delimit what process a state legislature may use to create its state college of electors. In practice, the state legislatures have generally chosen to select electors through an indirect popular vote, since the 1820s. Most states use a "winner-take-all" system in which all the state's electors are awarded to the candidate gaining the most popular votes. Maine and Nebraska allow individual congressional districts to each elect one elector. In an indirect popular vote, it
9212-652: Was adopted in March 2013, several Chinese banks will not deal with the Foreign Trade Bank. The United States Department of the Treasury has designated Dandong Zhongsheng Industry & Trade Co Ltd and Korea Ungum Corporation as FTB front companies , and sanctioned the Moscow-based Agrosoyuz Commercial Bank for facilitating transactions for the FTB. This Asian bank-related article is
9310-492: Was changed by the 12th Amendment in 1804.) In modern practice, parties nominate their electors through various methods, see Elector Nominations . Then, each state chooses its electors in popular elections. In most states, the party with the plurality of the popular vote gets all of its electors chosen. Once chosen, the electors meet in their respective states to cast ballots for the president and vice president. Originally, each elector cast two votes for president; at least one of
9408-408: Was followed in 1801 after the electoral vote produced a tie, and nearly resulted in a deadlock in the House . While the Constitution reflects the framers' clear preference for the president to be elected by a constituency independent of the Congress, one of the most palpable limitations created by the stipulation that electors meet in their respective states as opposed to a single venue was that given
9506-546: 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
9604-556: 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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