THAT’S AN ORDER A Guide to Executive Orders

Presidential Actions Executive Orders Presidential Memoranda Proclamations Legislation Nominations & Appointments  Post TV: Can Congress stop the President: executive-order/2014/11/19/d17bb6e8-701c-11e4-a2c fd0489_video.html  orders

What is an executive order?  An executive order is a directive handed down directly from a president that has much the same power as federal law. Presidents use executive orders to direct and manage how the federal government operates. Executive orders can only be given to federal or state agencies, not to citizens. Even though they cannot be given directly to citizens, citizens are impacted by them.

Executive Power In your group, use your copy of Article II of the Constitution to find the power to issue Executive Orders Where are the powers of the Executive Branch found? Article II of the United States Constitution Did you find it?

Implied Power?  It is argued that the power to issue executive orders is implied in the following statements in the Constitution: “The executive power shall be vested in a President of the United States” “The President shall be Commander and Chief of the Army and Navy of the United States” “He shall take care that the laws be faithfully executed” Executive means having the power to put plans, actions, or laws into effect.

Where do executive orders fit? Question for Discussion: In our system of checks and balances and separation of powers, where do you think executive orders fit? Legislative ExecutiveJudicial Make laws Enforce laws Interpret laws

Power Check  How is the power to issue an executive order “checked”? The constitutionality of an executive order can be challenged in the courts. It can be found unconstitutional. In the case of Youngstown Sheet & Tube vs. Sawyer, the Supreme Court decided that an executive order issued by President Truman to have the federal government seize control of steel mills was unconstitutional. “The President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.” From the majority opinion Congress can also check the power of an executive order by creating legislation that would reverse or limit the executive order. What could be the problem here? The President can veto legislation created by Congress.

To review:  An executive order is a directive handed down directly from a president that has much the same power as federal law. Presidents use executive orders to direct and manage how the federal government operates. Executive orders can only be given to federal or state agencies, not to citizens. Even though they cannot be given directly to citizens, citizens are impacted by them. Let’s look at some examples:

Take a look  Are you aware of any specific Executive Orders in the history of our country?  Do you know which Presidents issued the most Executive Orders?  Identify pros and cons of Executive Orders. 

Proclamation 104  Suspending the Writ of Habeus Corpus Throughout the United States  A writ of habeas corpus is used to bring a prisoner before the court to determine if the person's imprisonment or detention is lawful  By order of the President, the writ of habeus corpus was suspended in the case of prisoners of war, spies, those who assisted the enemy, those who are deserters of the war effort, and those who resisted being drafted into military service.  This executive order was issued during the Civil War by President Abraham Lincoln.

Executive Order 9066  The President authorized the Secretary of War and designated military commanders to create “military areas” under executive order  These zones were created during World War II following the bombing of Pearl Harbor by the Japanese.  Those relocated and placed in these “military zones” were persons of Japanese ancestry living in the United States, whom the government feared could have loyalty to Japan, leading them to spy on American war efforts or sabotage the United States.  These “military zones” would come to be known as Japanese Internment Camps.

Executive Order 9981  Prior to the implementation of Executive Order 9981 the armed forces were segregated by race and also had visible signs of discrimination present.  Executive Order 9981 required equal treatment and opportunity for all in the armed services. Photos from: segregation/large/index.php

Executive Order  Following the terrorist attacks on the United States on September 11, 2001, President George W. Bush created the Department of Homeland Security which would help secure the United States from terrorist threats and/or attacks. Photos from:

Executive Order Hurricane Sandy made landfall on October 29, 2012, resulting in major flooding, extensive structural damage, and significant loss of life. A dangerous nor'easter followed 9 days later causing additional damage and undermining the recovery effort. As a result of these events, thousands of individuals were displaced and millions lost power, some for an extended period of time. Over 1,600 stores were closed, and fuel distribution was severely disrupted, further complicating the recovery effort. Executive Order was put in place by President Barack Obama to provide assistance to those impacted by the storm.

Executive Order  bamas-speech-on-immigration-in-three- minutes/2014/11/20/5fe626de e4- a2c fd0489_video.html bamas-speech-on-immigration-in-three- minutes/2014/11/20/5fe626de e4- a2c fd0489_video.html  oehner-to-obama-you-sure-are-acting-like-an- emperor/2014/11/20/12093a e4- a2c fd0489_video.html oehner-to-obama-you-sure-are-acting-like-an- emperor/2014/11/20/12093a e4- a2c fd0489_video.html

What do you think? Should the President be able to issue orders that have the force of law without the consent of Congress? Or should Congress be the sole entity that can issue laws that impact citizens?

If It’s Not in the Constitution… In a small group, you will be proposing an amendment that either shows support for executive orders or prohibits executive orders. Using That’s An Order Handout A, you will outline and create a formal amendment to the Constitution. We will then put the amendments to a vote! …let’s make it an amendment.

In your amendment…  Include: A definition of an executive order. An example of an executive order in history that supports your position. An explanation of how executive orders relate to checks and balances and the separation of powers.