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Executive order

Overview#

Executive order is a directive issued to United States Executive Branch by President of the United States of America and has the force of law.

Executive order Legal and United States Constitution basis is based on Article Two United States Constitution and various Act of Congress where the United States Congress delegate to the President of the United States of America some degree of discretionary power. Most of this has been done by United States Congress when performing Delegation to United States Federal Agencies which are under the United States Executive Branch.

Executive order are not an explicitly permission within the United States Constitution and is referenced by executive power in Article II, Section 1, Clause 1 mentioned as direction to "take Care that the Laws be faithfully executed" and is part of Article II, Section 3. "The consequence of failing to comply could possibly be removal from office".

The most famous Executive order was by President Abraham Lincoln when he issued the Emancipation Proclamation on January 1, 1863

Legal Considerations#

The United States Supreme Court overturned five of President Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284, 6855). Executive Order 12954, issued by President Bill Clinton in 1995, attempted to prevent the United States federal government from contracting with organizations that had strike-breakers on the payroll; a federal appeals court subsequently ruled that the order conflicted with the National Labor Relations Act, and invalidated the order.

United States Congress has the power to overturn an Executive order by passing legislation that invalidates it. United States Congress can also refuse to provide funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms. In the case of the former, the president retains the power to veto such a decision; however, the United States Congress may override a veto with a two-thirds majority to end an Executive order. It has been argued that a United States Congress override of an Executive order is a nearly impossible event, due to the supermajority vote required and the fact that such a vote leaves individual lawmakers vulnerable to political criticism.

More Information#

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