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1 1 (November 13, 2019)

handle is hein.crs/govbbrx0001 and id is 1 raw text is: Presidential Directives: An Introduction 10 gm 0 ILI November 13, 2019 Presidential directives, such as proclamations and executive orders, are a tool used by Presidents to announce official policy and make declarations in their roles as leader of the executive branch, commander in chief of the Armed Forces, and head of state. Presidents have used directives throughout American history for a wide variety of purposes, but they have taken on a more central policy role in recent Administrations. Background In 1789, during the first months of government under the new Constitution, President Washington issued both the first presidential proclamation, declaring a national day of Thanksgiving in November 1789, and the first precursor of the modern executive order. In that directive, Washington ordered executive branch officers who had also served under the Articles of Confederation to report to the new President on the ongoing affairs of the government and to explain their duties. Since the Administration of Franklin Delano Roosevelt, presidential directives have expanded in both form and function. Increasing use of executive orders and the development of national security directives have increased both the formality of the official presidential decision process and the breadth of covered actions and policy areas. The development process defined in Executive Order 11030 (originally issued June 19, 1962) sets out more detailed guidelines for the preparation and internal review of executive orders and proclamations. The Constitution does not explicitly recognize a presidential power to issue directives. However, there has been general acceptance since the Washington Administration that this authority is necessary for the President to manage the executive branch and that some authority to issue directives is inherent in the executive's Article II powers. Congress may also grant the President discretion to make certain decisions and determinations that have legal effect but may be affected by subsequent legislative action. ,Findinz- g Presidential Directives Many presidential directives are published in the Federal Register under the general heading Executive Office of the President and compiled in Title 3 of the Code of Federal Regulations (CFR). Under 44 U.S.C. § 1505, proclamations, executive orders, and other documents of general applicability and legal effect must be published in the Federal Register. While the Federal Register is the source of record and is updated daily, there may be a lag between the public announcement of a directive by an Administration and its official publication. The Daily Compilation of Presidential Documents (https://www.govinfo.gov/app/collection/cpd) and https://www.whitehouse.gov/ also publish presidential directives (and other presidential documents including signing statements, messages, and press releases) but may not be as current or comprehensive as the Federal Register. Presidential directives with ongoing effect remain in force across presidential transitions, but generally may be amended, repealed, or replaced by the President. For instance, at the start of an Administration, the new President frequently revokes or amends some of the executive orders issued by previous Presidents. When researching an executive order, therefore, it is important to determine its current status. Both the National Archives and Records Administration (partial coverage from the Franklin Roosevelt to Barack Obama Administrations at https://www.archives.gov/federal-register/executive-orders/ disposition) and the Federal Register (beginning in 1994 at https://www.federalregister.gov/presidential-documents/ executive-orders) maintain online disposition tables for executive orders. These tables allow users to check the status of individual orders, including whether they have been revoked, amended, or superseded by later executive orders. Classes of Directives Presidents may avail themselves of a few different types of directives. Although it is useful to know the different types of presidential directives, several of the classifications are not as clear or as legally significant as they might appear to be, and different Administrations may use different naming conventions in some cases. Procam atio n There are two distinct classes of presidential directives that are referred to as proclamations. The first are ceremonial announcements, such as Washington's Thanksgiving proclamation, that are issued in observance of significant events. Second, there are substantive proclamations that are typically legal pronouncements on international trade, national emergencies, or federal land management. Proclamations issued pursuant to the Antiquities Act of 1906 (P.L. 59-209), which allows the President to create national monuments on public lands, are a well-known example of substantive proclamations. Exective Orders Executive orders are arguably the best-known type of presidential directives and, among all types of presidential directives, may have the most significant impact on policy.

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