2001University of North Texas Digital Library (University of North Texas)Open access

Executive Orders: Issuance and Revocation

T. J. Halstead

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Abstract

Executive orders and proclamations are used extensively by Presidents to achieve policy goals, set uniform standards for managing the Executive Branch, or outline a policy view intended to influence the behavior of private citizens. The Constitution does not define these presidential instruments, and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power, and, if based on appropriate authority, they have the force and effect of law. This report discusses the nature of executive orders and proclamations, with a focus on the scope of presidential authority to execute such instruments and judicial and congressional responses thereto.

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What this paper is about

Executive orders and proclamations are used extensively by Presidents to achieve policy goals, set uniform standards for managing the Executive Branch, or outline a policy view intended to influence the behavior of private citizens. The Constitution does not define these presidential instruments, and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power, and, if based on appropriate authority, they have the force and effect of law. This report discusses the nature of executive orders and proclamations, with a focus on the scope of presidential authority to execute such instruments and judicial and congressional responses thereto.

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Available abstract

Executive orders and proclamations are used extensively by Presidents to achieve policy goals, set uniform standards for managing the Executive Branch, or outline a policy view intended to influence the behavior of private citizens. The Constitution does not define these presidential instruments, and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power, and, if based on appropriate authority, they have the force and effect of law. This report discusses the nature of executive orders and proclamations, with a focus on the scope of presidential authority to execute such instruments and judicial and congressional responses thereto.

Key concepts: Presidential system, Executive power, Executive branch, Political science, Revocation, Constitution, Executive order, Law

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