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50-647: The Homeland Security Council (HSC) is an entity within the Executive Office of the President and was created by Executive Order 13228 on October 29, 2001, and subsequently expanded on by Homeland Security Presidential Directive 1. It served as the successor to the Office of Homeland Security, established on September 20, 2001, immediately after the September 11 attacks . Congress subsequently codified

100-554: 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

150-601: 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

200-522: 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

250-408: 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

300-469: 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

350-476: 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

400-504: 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. Act of Congress An act of Congress is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to

450-677: 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

500-482: Is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before

550-484: 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 the resources and staff of

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600-547: Is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress" is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress

650-430: The 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in the term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name)

700-676: The Department of Homeland Security is a distinct federal executive department ; unlike DHS, the HSC functioned as part of the Executive Office of the President , drawing staff from across federal agencies and under the direct control of the president. National Security Advisor Homeland Security Advisor Ambassador to the United Nations Executive order In the United States, an executive order

750-543: 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

800-563: 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

850-427: 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

900-528: 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

950-790: The Bush administration, the council was chaired by the Homeland Security Advisor . The Joint Chiefs of Staff consist of the primary military advisers to the Homeland Security Council, as well as the National Security Council. Due to the recommendations implemented by Obama, the Homeland Security Council and the National Security Council now have combined staff, the National Security Staff (NSS). While similar in name,

1000-500: 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

1050-479: The HSC in the Homeland Security Act of 2002 , charging it with advising the president on homeland security matters. On February 23, 2009, the Obama administration released Presidential Study Directive 1. This memorandum ordered a 60-day inter-agency review of the White House homeland security and counter-terrorism structure. The review recommended that the president merge the staff supporting

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1100-480: The HSC staff should remain an independent entity within the White House or merged with the NSC staff. The HSC and NSC continue to exist by statute as independent councils of leadership advising the president. The Homeland Security Council is responsible for assessing the objectives, commitments, and risks of the United States, and for making recommendations to the president with respect to homeland security policy. The HSC

1150-501: The Homeland Security Council with the staff supporting the National Security Council . On May 26, 2009, Barack Obama signed the recommendation to merge the Homeland Security Council and National Security Council staffs into one National Security Staff. On February 10, 2014, President Obama renamed the National Security Staff the National Security Council (NSC) staff. Policymakers and observers have debated whether

1200-562: 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

1250-442: 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

1300-633: 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,

1350-527: 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

1400-698: 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

1450-596: 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

1500-478: 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

1550-649: 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

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1600-464: 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

1650-474: The general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to

1700-407: The general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of

1750-520: 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

1800-614: 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

1850-588: The law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as a slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates

1900-622: 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

1950-402: 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

2000-420: 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

2050-458: 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

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2100-399: 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

2150-522: 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

2200-762: 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

2250-415: 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

2300-574: 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,

2350-430: The time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If the president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming

2400-546: 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

2450-626: Was similar to its national security counterpart, the National Security Council (NSC), which was established in the National Security Act of 1947 . The HSC also maintained structural similarities with the NSC; the HSC consisted of full-time staff organized by subject areas relating to homeland security missions, with the Council itself being composed of Cabinet members and senior White House officials whose departments have principal interests in homeland security policy-making . During

2500-556: 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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