Which form of presidential communication with Congress is mandated by the Constitution?
One of the most common “presidential” documents in our modern government is an executive order. Every American president has issued at least one, totaling more than (as of this writing) 13,731 since George Washington took office in 1789. Media reports of “changes made by executive order,” or “executive orders to come” rarely explain what the document is, or other technical details, such as why, or how. They seem to be “instant law,” and, at times, steeped in controversy. Here, “Teaching Legal Docs” tries to unpack these sometimes controversial legal documents produced by the executive branch of the U.S. government. Show
What it is, what it isn’tAn executive order is a signed, written, and published directive from the President of the United States that manages operations of the federal government. They are numbered consecutively, so executive orders may be referenced by their assigned number, or their topic. Other presidential documents are sometimes
similar to executive orders in their format, formality, and issue, but have different purposes. Proclamations, which are also signed and numbered consecutively, communicate information on holidays, commemorations, federal observances, and trade. Administrative orders—e.g. memos, notices, letters, messages—are not numbered, but are still signed, and are used to manage administrative matters of the federal government. All three types of presidential documents—executive orders, proclamations, and
certain administrative orders—are published in the Federal Register, the daily journal of the federal government that is published to inform the public about federal regulations and actions. They are also catalogued by the National Archives as official documents produced by the federal government. Both executive orders and proclamations have the force of law, much like regulations issued by federal agencies, so they are codified under Title 3 of the Code of Federal Regulations, which is
the formal collection of all of the rules and regulations issued by the executive branch and other federal agencies. The DocumentThe format, substance, and documentation of executive orders has varied across the history of the U.S. Presidency. Today, executive orders follow a format and strict documentation system. Typically, the White House issues the order first, then it is published in the Federal Register, the official journal of the federal government. As a more permanent documentation, orders are also recorded under Title 3 of the U.S. Code of Federal Regulations, which is simply a
codification of the permanent rules issued by the executive branch of U.S. government.
Locating Executive OrdersPresidential executive orders, both historical and contemporary, may generally be found online. Often, orders may be located by the issuing president, date, number, or subject. Historical or online archives might offer the text of an order, or a PDF of the Federal Register entry about the order, or a PDF of the order from the White House. All three presentation formats contain the elements identified earlier, and may serve as valuable primary source texts. A few excellent online repositories of executive orders include: White House What does the Constitution say about presidential communication?The Communications Privilege's foundation lay in the proposition that in making judgments and reaching decisions, the President and his advisers must be free to candidly discuss issues, express opinions, and explore options without fear that those deliberations will later be made public.
Which speech is the president required by the Constitution to give?The formal basis for the State of the Union Address is from the U.S. Constitution: The President “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.” Article II, Section 3, Clause 1.
What part of the Constitution talks about the presidential powers?Article II of the Constitution establishes the executive branch of the national government, headed by a single President. Article II outlines the method for electing the President, the scope of the President's powers and duties, and the process of removing one from office.
Is executive privilege in the Constitution?The right comes into effect when revealing information would impair governmental functions. Neither executive privilege nor the oversight power of Congress is explicitly mentioned in the United States Constitution.
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