By Executive Order

Author(s):  
Andrew Rudalevige

The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. This book provides the first comprehensive look at how presidential directives are written — and by whom. The book examines more than five hundred executive orders from the 1930s to today — as well as more than two hundred others negotiated but never issued — shedding vital new light on the multilateral process of drafting supposedly unilateral directives. The book draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. It explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, the book reveals how the executive branch holds the power to both enact and constrain the president's will.

Author(s):  
Oluwapelumi Odunayo Osadola ◽  
Phebe Oluwatoni Ojo

Executive Orders are not invoked as a matter of course by the President or Governors heading the Executive Cabinet. These orders are exercisable when heads of the executive branch of government see for their needfulness and for smooth running of their governmental programmes or policies. Every Executive order must carry the force of law for it to be valid or to be duly recognised by the other branches of government which if not, the latter may question its constitutionality. The advantages of executive orders are very innumerable to mention however it has been said that the use of executive orders have assaulted the concept of separation of powers which is embedded in the 1999 Nigerian Constitution (as amended)as adopted from the United States of America. This paper focuses on the meaning and historical antecedent of executive orders in Nigeria, legal regime or statutory provisions of executive orders in Nigeria, executive orders versus doctrine of separation of power, challenges of executive orders under the 1999 constitution (as amended), praxis of executive orders under the Nigeria fourth republic and lastly is the conclusion and recommendations made thereto. To achieve these, the writers will make use of relevant materials at their disposal.


1940 ◽  
Vol 34 (3) ◽  
pp. 512-518
Author(s):  
L. F. Schmeckebier

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order or Reorganization Plans under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.A. Reorganization Plan No. III, under authority of the act of April 3, 1939 (53 Stat. L. 561), was transmitted to Congress on April 2, 1940; it will become effective 60 calendar days thereafter; a resolution disapproving the plan was adopted by the House of Representatives, but was rejected by the Senate. The changes made by this plan are as follows:Administrator of Civil Aëronautics. The designation of the Administrator of the Civil Aëronautics Authority is changed to Administrator of Civil Aëronautics.


1937 ◽  
Vol 31 (4) ◽  
pp. 699-702
Author(s):  
L. F. Schmeckebier

As in previous lists, mention is here made only of units specifically authorized by law or established by the President by executive order under general authority vested in him.Advisory Committee of the Coast Guard Academy. Created by Public No. 38, 75th Congress, approved April 16, 1937, to examine the course of instruction and to advise the Secretary of the Treasury in regard thereto. Committee will consist of five “persons of distinction in the field of education,” who shall be appointed by the Secretary of the Treasury and who shall serve without pay, but who shall be reimbursed for actual expenses of travel.


2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Made Fitri Padmi ◽  
Zaenab Yulianti

AbstrakTulisan membahas tentang kebijakan imigrasi Donald Trump pada 2 tahun pertama dan dampaknya terhadap masyarakat imigran di Amerika Serikat. Kebijakan imigrasi yang penulis bahas dalam tulisan ini adalah Executive Order di tandatangi Donald Trump pada tahun 2017 terkait larangan akses masuk masyarakat dari tujuh negara muslim yang menurut Amerika Serikat merupakan negara pendukung terorisme. Karya tulis ini menggunakan pendekatan kualitatif dan studi kepustakaan serta penyajian data secara eksplanatif. Dalam tulisan ini menunjukan bahwa kebijakan imigrasi Donald Trump mengakibatkan dampak terhadap imigran dari tujuh negara muslim yang ada dan calon imigran yang akan menuju ke Amerika Serikat. Selain dampak terhadap sasaran utama, kebijakan ini juga berdampak pada imigran-imigran lain diluar tujuh negara tersebut serta keamanan, tindakan diskriminasi dan fenomena Xenophobia dan Islamophobia di Amerika Serikat.Kata Kunci: Donald Trump, Executive Order, Imigran, Diskriminasi AbstractThis paper discussed the impact of Donald Trump's immigration policy in the first 2 years against immigrant communities in the United States. The immigration policy that the writer discussed in this paper was the Executive Orders which was signed by Donald Trump in 2017 related to the prohibition of entry into the United States from seven Muslim countries, which according to the United States is a country supporting terrorism. This paper used a qualitative approach and literature study as well as an explanatory data presentation. The results of this paper showed that Donald Trump's immigration policy has had an impact on immigrants from seven existing Muslim countries and prospective immigrants heading to the United States. In addition to the impact on the main targets, this policy also affected other immigrants outside the seven countries as well as security, acts of discrimination and the phenomenon of Xenophobia and Islamophobia in the United States.  Keywords: Donald Trump, Executive Order, Immigrants, Discrimination


2020 ◽  
Vol 29 (2) ◽  
pp. 19-30
Author(s):  
Stephen L. Newman*

Ontario Premier Doug Ford and US President Donald Trump have something in common: both recently issued directives to colleges and universities intended to promote free speech on campus. Premier Ford’s came first. In August 2018, shortly after winning the provincial election, Ford required all colleges and universities in the province to devise policies upholding free speech on their campuses in line with a minimum standard prescribed by his government. The policies were to be in place no later than January 1, 2019. Failure to comply would result in a reduction of operating grant funding from the province. President Trump’s executive order concerning “free inquiry” on American campuses was issued in March 2019. The order states that it is the policy of the federal government to encourage institutions of higher learning “to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment for public institutions and compliance with stated institutional policies regarding freedom of speech for private institutions.”1 Colleges and universities that fail to do so are threatened with the loss of federal research and education grants.   * Associate Professor, Department of Politics, Faculty of Liberal Arts and Professional Studies, York University where he teaches political theory.1 Andy Thomason, “Here’s What Trump’s Executive Order on Free Speech Says”, The Chronicle of Higher Education (21 March 2019), online: <chronicle.com/article/Heres-Wat-Trumps-Executive/245943?cid+bn&utm_medium=en&cid=bn>. An executive order is a directive issued by the President of the United States in his capacity as head of the executive branch and has the force of law. Trump’s executive order on campus free speech is reproduced in its entirety online.


1938 ◽  
Vol 32 (5) ◽  
pp. 931-935
Author(s):  
L. F. Schmeckebier

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.Air Commerce Bureau, Department of Commerce. Duties transferred to Civil Aëronautics Authority by Civil Aëronautics Act of 1938 (Public Act No. 706, 75th Congress), approved June 23, 1938.Air Mail Bureau, Interstate Commerce Commission. Duties transferred to Civil Aëronautics Authority by Civil Aëronautics Act of 1938 (Public Act No. 706, 75th Congress), approved June 23, 1938.


1940 ◽  
Vol 34 (5) ◽  
pp. 959-963
Author(s):  
L. F. Schmeckebier

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order or Reorganization Plans under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.Administration of Insecticide Act and Naval Stores Act. Transferred to Agricultural Marketing Service from Food and Drug Administration by Order 865 of the Secretary of Agriculture of June 19, 1940, effective June 30, 1940.Advisory Commission to Council of National Defense. On May 28, 1940, the President announced the creation of an Advisory Commission to the Council of National Defense, although the official nomination of members by the Council did not appear until the publication of the Federal Register for June 26. The Council consists of the Secretaries of War, Navy, Interior, Commerce, Agriculture, and Labor, and the act of August 29, 1916 (39 Stat. L. 649),authorizes it to nominate and the President to appoint an advisory commission. The members of the Commission receive no compensation, but are reimbursed for expenses.


1941 ◽  
Vol 35 (5) ◽  
pp. 919-924
Author(s):  
L. F. Schmeckebier

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order or reorganization plans under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.


Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the self-perpetuation of the executive branch. Since constitutions usually concentrate on the position and powers of the chief executive, they feed the mistaken impression that the executive branch is synonymous with the will of a single president or prime minister. In reality, executive power in a modern regulatory state is not a one-man show. The chapter provides an overview of where the executive branch comes from before discussing the origins and scope of presidential power. It then considers the role of cabinets, councils, and prime ministers in parliamentary systems, along with the confidence mechanism that serves as the lifeline between the legislature and the executive (cabinet). It also explores the responsibility and accountability of the executive branch, and considers measures aimed at limiting the powers of the executive within the constitutional framework.


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