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us_flagExecutive Orders (EO) are official documents through which the President of the United States manages the operations of the Federal Government.

They are numbered consecutively.

To check out the US government’s official website, just bash on the big orange button…

 

Compliance Perspective:

A GEM recently shared the following about the compliance requirements of EOs, that his lawyer shared with him.  Do you agree?

At the federal level of government in the United States, laws are made almost exclusively by legislation.

Such legislation originates as an Act of Congress passed by the Congress of the United States (and its predecessor, the Continental Congress).

Such acts were either:

  • signed into law by the President or
  • passed by Congress after a presidential veto.

However, legislation is not the only source of regulations which have the force of law.  There is also:

  • judge-made common law and
  • constitutional law.

Also, The President can issue executive orders:

  • pursuant to a grant of discretion from Congress, or
  • under the inherent powers that office holds to deal with certain matters of foreign policy.

 

Another GEM directly us all to the US Constitution itself.  In particular, he said:

Article II, Section 1 of the U.S. Constitution contains a reference to executive orders although it be a bit vague.  

It purportedly gives the president the power to…

“take care that the laws are faithfully executed.”

Strict constructionists interpret this phrase to empower the president only to enact laws approved by Congress.

But, as you look back through history, you will see that some Presidents have shown a remarkable flexibility.

These orders went really unchecked for a long time.  It was President Harry Truman signing of Executive Order 10340 that really opened the-can-of-worms.

This EO placed all U.S. steel mills under Federal control.

The Supreme Court ruled that Truman had overstepped his authority because he attempted to make law rather than clarify an existing piece of legislation.

 

Yet another GEM continued with…very excitedly I might add…

Yes, yes, yes.

Article II Section 1 states…

The executive power shall be vested in a President of the United States of America.

Before he enter on the execution of his office, he shall take the following oath or affirmation:–

“I do solemnly swear (or affirm) that

I will faithfully execute the office of President of the United States,

and

will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

And Section 2 says…

The President shall be commander in chief of the Army and Navy of the United States…

Then Section 3 goes on with…

He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; …

…he shall take care that the laws be faithfully executed…

 

Now be sure to take note of the high speed highlighting in that last example – it is very instructional.

Anywho, keep your eyes open for real life EO case studies coming your way.  In the mean time you’d do well to do up these beauties and see what insider speed secrets you can draw from them.

Other renowned EOs to be on the watch for include:

  • EO 7034 1935 – FRD’s New Deal
  • EO 9981 1948 – Truman’s Desegregation of the Armed Forces
  • EO 9066 1942 – WWII Japanese-American Internment
  • EO 1884 – 1914 & EO 2526 – 1917 Wilson’s Anti Night Torch Hunting, and Chinese on the Panama Canal

You can details and links to many more like these on Wikipedia…click here…>

Good hunting – but not torch hunting, right?
Galactic Surfer Nate #!*? 

 

p.s. Oh, I just couldn’t help myself, I just can’t the thought of you waiting.  Here’s one of my favorites.emancipation_proclamation

Although not often listed as an EO, you might want to, and I encourage you to, check out the following few words in President Abraham Lincoln’s Emancipation Proclamation on January 1, 1863 – just as the nation approached its third year of bloody civil war.

That the Executive will, on the first day of January aforesaid, by proclamation…

Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do…

And by virtue of the power, and for the purpose aforesaid, I do order and declare that…

…all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free…

The super power word of note has been underlined.  You will also do well to look it up in your best legal dictionary.  Along with “may”, “must”, and “will”.

You can find out more about this proclamation on the official US gov website…click here…>   and the for the full text…click here…>

While we’re on a little how about the 1851 Indian Appropriations Act.  Was that the equivalent of EO by President Ulysses S. Grant.  A discussion for another time, hey?

 

And last, but not least, my most special favorite: An Executive Order about writing Executive Orders…how could I not pitch in on this one.

Hoover’s EO 5658 – 1931 which lays out all the helpful details you need to know about grammar, spelling, margins, selecting a title, and even what size paper to use (8 ½ x 11).  Very important stuff during the Great Depression, right? Absolutely.  When it’s needed most, I dare say.

For the purpose of securing greater uniformity in the form and style …”Uniform Style and Safeguarding of Proclamations and Executive Orders,” is hereby rescinded and superseded by the following regulations.

1. The draft Executive orders and proclamations shall be prepared as follows:

(a) Punctuation, capitalization, orthography, and other matters of style shall conform to …

(b) The spelling of geographic names shall conform to …

(c) …

(d) A suitable title shall be provided.

(e) the typewritten drafts shall be double-spaces, on paper 8 by 12 1/2 inches, and shall have a left-hand margin of 2 inches.

2. The draft Executive orders and proclamations shall be forwarded in quad-ruplicate to the Department of State. That department shall review them and, upon its being ascertained that they conform with the above specifications, shall transmit the original and one additional copy to the President. …

Again, be sure to take note of the high speed highlighting in this example – it is very instructional.  And most will miss it’s importance.  All that means, is that there is an wonder opportunity available for you to exploit.  Go get em tiger.

 

p.s.s. For all you paper plane enthusiasts, here’s a great article by the American Forest and Paper Association on why is the standard paper size in the U.S. 8 ½” x 11″.

paper_plane_how_to_make
Now as the good American Mark Twain says in Life on the Mississippi… “Now and then we had a hope that if we lived and were good, God would permit us to be surfers.” 

Good hunting,
Galactic Surfer Nate #!*?

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