Today's Article
Bush has wrongly
claimed the absolute
right of a king, rather
than the moderate
powers granted an
employee of the
American People.
claimed the absolute
right of a king, rather
than the moderate
powers granted an
employee of the
American People.
The American Spark
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Gov't Review Sets Record Straight On Bush Powers
By Cliff Montgomery - Nov. 1st, 2007
George W. Bush has made an ugly habit out of insisting that "executive privilege" gives him the right to
establish administration policy without a hint of congressional or judicial oversight--in essence claiming the
absolute right of a king, rather than the moderate powers granted an employee of the American People.
An August 9th, 2007 Congressional Research Service report tells congresspeople the origins of the
presidential directive, and reminds them that a president's power is not that of a king.
We quote from this instructive report below:
"Responding to the request of a duly constituted joint committee of the two Houses of Congress 'to
recommend to the people of the United States a day of public thanksgiving,' President George Washington
assigned Thursday, November 26, using an October 3, 1789, instrument of proclamation.
"It was the first proclamation issued by a President under the federal government established by the
Constitution.
"Four months earlier, on June 8, 1789, President Washington sent a communique to the acting holdover
officers of the Confederation government, directing the preparation of a report 'to impress me with a full,
precise, and distinct general idea of the affairs of the United States' handled by each official.
"The forerunner or prototype of a body of presidential directives which would subsequently come to be
denominated 'executive orders,' the communique was issued, of course, before the creation of the great
federal departments.
"As happened during the years prior to the Lincoln Administration, a President might inscribe upon a sheet of
paper words establishing new policy, decreeing the commencement or cessation of some action, or ordaining
that notice be given to some declaration. Dated and signed by the Chief Executive, the result was a
presidential directive.
"Signed by President Abraham Lincoln, [the first clear Executive Order] was dated October 20, 1862. However,
another contender for the position of first executive order, dated March 10, 1863, and concerning soldiers
absent without leave, appeared in the United States Statutes at Large.
"Furthermore, the instrument selected as the second executive order, dated April 4, 1865, and concerning
rewards for the arrest of felons from foreign countries committing felonies in the United States, was signed by
Secretary of State William H. Seward rather than the President.
"Executive orders and proclamations are probably two of the best known types [of presidential directives],
largely because of their long-standing use and publication in the Federal Register and the Code of Federal
Regulations (CFR). Others are less familiar, some because they are cloaked in official secrecy.
"Most of these [presidential directives] establish policy, and many have the force of law.
"Policy, in this context, is understood as a statement of goals or objectives which a President sets and pursues.
"Whether these directives have the force of law depends upon such factors as the President’s authority to
issue them, their conflict with constitutional or statutory provisions, and their promulgation in accordance with
prescribed procedure.
"Indeed, as history has shown, presidential directives may be challenged in court or through congressional
action.
"In the latter case, however, difficulties may arise if Congress, through legislative action, attempts to supersede
or nullify a presidential directive issued, in whole or in part, pursuant to the Executive’s constitutional authority,
the result being a possible infringement by one constitutional branch upon the powers of another.
"Congress has been more successful in overturning or modifying executive orders based solely upon or
authorized by a statute, which, of course, was the creation of the legislature.
"Exercising its power of the purse, Congress has provided that appropriated funds may not be made available
to pay the expenses of any executive agency, including agencies established by executive order, after such
agency has been in existence for one year, unless Congress appropriates money specifically for it or
authorizes the expenditure of funds by it.
"In some situations, where Congress has delegated authority to the President, it has legislated requirements
that executive orders exercising this authority be subject to either congressional review and possible
cancellation before becoming effective, or modification, including cancellation, after being issued.
"Finally, Congress has legislated procedures concerning the issuance of presidential proclamations and
executive orders. With the Federal Register Act of 1935, Congress mandated the publication of the Federal
Register, an executive branch gazette that is produced each working day by the National Archives and
Records Administration.
"That statute also requires the Federal Register publication of all 'Presidential proclamations and Executive
orders, except those not having general applicability and legal effect or effective only against Federal agencies
or persons in their capacity as officers, agents, or employees thereof.' "
Like what you're reading so far? Then why not order a full year (52 issues) of the The American Spark e-
newsletter for only $15? A major article covering an story not being told in the Corporate Press will be
delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!
By Cliff Montgomery - Nov. 1st, 2007
George W. Bush has made an ugly habit out of insisting that "executive privilege" gives him the right to
establish administration policy without a hint of congressional or judicial oversight--in essence claiming the
absolute right of a king, rather than the moderate powers granted an employee of the American People.
An August 9th, 2007 Congressional Research Service report tells congresspeople the origins of the
presidential directive, and reminds them that a president's power is not that of a king.
We quote from this instructive report below:
"Responding to the request of a duly constituted joint committee of the two Houses of Congress 'to
recommend to the people of the United States a day of public thanksgiving,' President George Washington
assigned Thursday, November 26, using an October 3, 1789, instrument of proclamation.
"It was the first proclamation issued by a President under the federal government established by the
Constitution.
"Four months earlier, on June 8, 1789, President Washington sent a communique to the acting holdover
officers of the Confederation government, directing the preparation of a report 'to impress me with a full,
precise, and distinct general idea of the affairs of the United States' handled by each official.
"The forerunner or prototype of a body of presidential directives which would subsequently come to be
denominated 'executive orders,' the communique was issued, of course, before the creation of the great
federal departments.
"As happened during the years prior to the Lincoln Administration, a President might inscribe upon a sheet of
paper words establishing new policy, decreeing the commencement or cessation of some action, or ordaining
that notice be given to some declaration. Dated and signed by the Chief Executive, the result was a
presidential directive.
"Signed by President Abraham Lincoln, [the first clear Executive Order] was dated October 20, 1862. However,
another contender for the position of first executive order, dated March 10, 1863, and concerning soldiers
absent without leave, appeared in the United States Statutes at Large.
"Furthermore, the instrument selected as the second executive order, dated April 4, 1865, and concerning
rewards for the arrest of felons from foreign countries committing felonies in the United States, was signed by
Secretary of State William H. Seward rather than the President.
"Executive orders and proclamations are probably two of the best known types [of presidential directives],
largely because of their long-standing use and publication in the Federal Register and the Code of Federal
Regulations (CFR). Others are less familiar, some because they are cloaked in official secrecy.
"Most of these [presidential directives] establish policy, and many have the force of law.
"Policy, in this context, is understood as a statement of goals or objectives which a President sets and pursues.
"Whether these directives have the force of law depends upon such factors as the President’s authority to
issue them, their conflict with constitutional or statutory provisions, and their promulgation in accordance with
prescribed procedure.
"Indeed, as history has shown, presidential directives may be challenged in court or through congressional
action.
"In the latter case, however, difficulties may arise if Congress, through legislative action, attempts to supersede
or nullify a presidential directive issued, in whole or in part, pursuant to the Executive’s constitutional authority,
the result being a possible infringement by one constitutional branch upon the powers of another.
"Congress has been more successful in overturning or modifying executive orders based solely upon or
authorized by a statute, which, of course, was the creation of the legislature.
"Exercising its power of the purse, Congress has provided that appropriated funds may not be made available
to pay the expenses of any executive agency, including agencies established by executive order, after such
agency has been in existence for one year, unless Congress appropriates money specifically for it or
authorizes the expenditure of funds by it.
"In some situations, where Congress has delegated authority to the President, it has legislated requirements
that executive orders exercising this authority be subject to either congressional review and possible
cancellation before becoming effective, or modification, including cancellation, after being issued.
"Finally, Congress has legislated procedures concerning the issuance of presidential proclamations and
executive orders. With the Federal Register Act of 1935, Congress mandated the publication of the Federal
Register, an executive branch gazette that is produced each working day by the National Archives and
Records Administration.
"That statute also requires the Federal Register publication of all 'Presidential proclamations and Executive
orders, except those not having general applicability and legal effect or effective only against Federal agencies
or persons in their capacity as officers, agents, or employees thereof.' "
Like what you're reading so far? Then why not order a full year (52 issues) of the The American Spark e-
newsletter for only $15? A major article covering an story not being told in the Corporate Press will be
delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!