-Caveat Lector- from: http://www.c-span.org/questions/weekly47.htm Click Here: <A HREF="http://www.c-span.org/questions/weekly47.htm">Capitol Questions</A> ----- Presidential Executive Orders sometimes have tremendous policy impact, yet they do not require the approval of Congress. What recourse does Congress have? Seal Beach, CA Executive orders are essentially Presidential directives with the force of law, and, you are right, they do not require the approval of Congress to take effect. The Constitution is silent on the subject of Executive Orders, but the courts have upheld them in principle based on the implied powers inherent in the grant of "executive power" to the President in Article II, section 1 and in the constitutional language in Article II, section 3, that says Presidents are "to take care that the laws be faithfully executed." In addition to this general constitutional authority, some Executive Orders are issued under direct statutory authority delegated specifically to the President by Congress in limited policy areas. The Supreme Court has heard numerous cases involving Executive Orders. It has overturned some as exceeding Presidential powers or as usurping the powers of the legislative branch, by changing the policy direction enacted into law by Congress. It has upheld others as appropriately within the framework of the President's authority to carry out (implement) laws already on the books. Executive Orders have become controversial because they in effect allow Presidents to require federal agencies and private citizens and companies to take actions that may never have received legislative review or approval. Congress often leaves considerable leeway to the executive branch to carry out laws it enacts. Details are often left out of statutory language either because of a desire to leave the federal agencies involved some flexibility in implementing a bill, or simply because Congress feels unable or unwilling to spell out every detail for a bill's execution. As a result, Presidents have often interpreted the statutory authority granted in the broadest sense and received much criticism in return for infringing on the power of Congress to make laws. At times, Congress has passed legislation to negate or modify a specific executive order. However, when it has the President has often vetoed the new law and Congress has not always had the votes to override his veto. Executive Orders have been sequentially numbered and noted since 1907. Prior to that year, record keeping was so erratic that historians have not been able to pinpoint the actual number of Executive Orders issued. Since 1946, Congress has required that the text of all Executive Orders be published in the Federal Register when they are issued. Periodically a list of all Executive Orders is published in a compilation in the Code of Federal Regulations, usually under Title 3. Orders dealing with classified or national security policies are the only ones not made public. However, their numbers and dates of issuance are noted. Both the CFR and the FR are available in federal depository libraries (e.g. university libraries), and for purchase from the Government Printing Office. All modern Presidents have made heavy use of the Executive Order as a policy tool to circumvent oppositional Congresses, often citing the need to act more quickly than the legislative process would allow. President Roosevelt used an Executive Order to seize aviation and ship-building plants in 1941 for war use. Harry Truman used one to integrate the armed forces. President Eisenhower used an Executive Order to implement school desegregation, as did John Kennedy. President Kennedy also used an Executive Order to bar racial discrimination in federally subsidized housing. Lyndon Johnson used one to require that companies seeking federal contracts must have in place a minority-hiring plan. Reagan used an Executive Order to prohibit family planning clinics that receive federal funds from advocating abortion to their clients. The Supreme Court upheld that Order as valid. Congress was unable to override President Bush's veto when Congress sought to repeal the Order. The policy is no longer in effect because President Clinton issued a new Executive Order repealing the Reagan/Bush Order. Executive orders can be challenged formally in two ways: (1) a lawsuit could be brought if it is felt that the Order contradicts the original legislative intent of the law or has no underlying statutory authority, or (2) Congress could pass a bill repealing or modifying a specific Executive Order. That bill would, of course, be subject to a Presidential veto and a need to override. ------------------------------------------------------------------------ Congress | The House | The Senate | Impeachment | Submit | Glossary | Capitol Questions Home | C-SPAN ------------------------------------------------------------------------ © 1999, National Cable Satellite Corporation ----- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, Omnia Bona Bonis, All My Relations. Adieu, Adios, Aloha. Amen. Roads End DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! 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