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5 Tex. Rev. L. & Pol. 267 (2000-2001)
The Use and Abuse of Executive Orders and Other Presidential Directives

handle is hein.journals/trlp5 and id is 277 raw text is: THE USE AND ABUSE OF ExEcuTIvE ORDERS AND
OTHER PRESIDENTIAL DIRECTIVES
TODD F. GAZIANO*
I. INTRODUGTION ................................................................. 269
II. THE SEPARATION OF POWERS ........................................... 271
III. DEFINING PRESIDENTIAL DIRECTIVES ............................... 273
A. Early Presidential Directives .......................................... 273
B. Sources of Presidential Authority ................................... 276
IV. THE LEGAL FRAMEWORK OF ANALYSIS ............................. 282
A. The History of Executive Orders .................................... 282
B. Lawful Orders, Bad Policy ............................................ 287
C. Types of Presidential Directives ...................................... 288
D. Procedures for Issuing Proclamations and
Executive Orders ........................................................... 292
E. Presidential Proclamations and Executive Orders by
the N umbers ................................................................. 295
V. A SURVEY OF CLINTON PROCLAMATIONS AND
EXECUTIVE ORDERS .......................................................... 297
A. Proclamations .............................................................. 297
B. Administrative Orders ...... ............................................. 301
C. Substantive Orders ........................................................ 303
* Senior Fellow in Legal Studies and Director of the Center for Legal Judicial
Studies at The Heritage Foundation. The original version of this article was published as
a study by The Center for Legal and Judicial Studies at the Heritage Foundation in
Washington, D.C. See TODD F. GAZIANO, THE HERITAGE FOUNDATION, THE USE AND
ABUSE OF EXECUTIVE ORDERS AND OTHER PRESIDENTIAL DIRECTIVES (2001),
The author wishes to acknowledge the contributions of Heritage Foundation
personnel in various aspects of this article. Edwin Meese III provided overall direction
and advice. The review of President Clinton's proclamations and executive orders and
part of the text in Part V were a collaborative effort supported by The Heritage
Foundation, and included substantial work by Angela Antonelli, Dan Fisk, Mark Wilson,
Roger Clegg, and Rick Otis. Editorial and research assistance with the Heritage paper
were provided by Christopher Summers, Robert Corzine, Emily Stimpson, and Jan
Smith.

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