THAT’S AN ORDER
A Guide to Executive Orders
Presidential Actions
•
•
•


Presidential Actions
•
Executive Orders
•
Presidential Memoranda
•
Proclamations
•
http://www.presidency.ucsb.edu/signingstatements.php
Legislation
Nominations & Appointments
Post TV: Can Congress stop the President:
http://www.washingtonpost.com/posttv/politics/can-congress-stop-anexecutive-order/2014/11/19/d17bb6e8-701c-11e4-a2c2478179fd0489_video.html
http://www.whitehouse.gov/briefing-room/presidential-actions/executiveorders
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
Where are the powers of
the Executive Branch found?
In your group, use your copy of
Article II of the Constitution to find
the power to issue Executive Orders
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:
Executive means having the power to put
plans, actions, or laws into effect.
“The executive power
shall be vested in a
President of the United
“The President shall be
States”
Commander and Chief
of the Army and Navy
“He shall take care that
of the United States”
the laws be faithfully
executed”

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
Judicial
Make laws
Interpret laws
Executive
Enforce laws
Power Check

How is the power to issue an executive order
“checked”?
Congress can also check the
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.
power of an executive order
by creating legislation that
would reverse or limit the
executive order.
“Thecould
President’s
What
be the power
problem
to see that
the laws are
here?
faithfully executed
refutes
the ideacan
that
he
The President
veto
is to be a lawmaker.”
legislation
created by
From the majority opinion
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.

http://www.presidency.ucsb.edu/data/orders.php
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 9066.
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:
www.whitehouse.gov
http://www.trumanlibrary.org/whistlestop/study_collections/de
segregation/large/index.php
Executive Order 13228

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:
www.whitehouse.gov
http://www.september112001.com/chao.jpg
Executive Order 13632
• 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 13632 was put in place by President Barack
Obama to provide assistance to those impacted by the storm.
Executive Order


http://www.washingtonpost.com/posttv/national/o
bamas-speech-on-immigration-in-threeminutes/2014/11/20/5fe626de-7126-11e4a2c2-478179fd0489_video.html
http://www.washingtonpost.com/posttv/national/b
oehner-to-obama-you-sure-are-acting-like-anemperor/2014/11/20/12093a44-7114-11e4a2c2-478179fd0489_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…
…let’s make it an amendment.
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!
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.