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executive order : ウィキペディア英語版
executive order

United States presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law when they take authority from a legislative power which grants its power directly to the Executive by the Constitution, or are made pursuant to Acts of Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation).〔John Contrubis, ''Executive Orders and Proclamations'', CRS Report for Congress #95-722A, March 9, 1999, Pp. 1-2〕 Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging 72-hour length strikes on enemies, and in general fine-tuning policy choices in the implementation of broad statutes.
== Basis in United States Constitution ==

There is no constitutional provision nor statute that explicitly permits executive orders. The term ''executive power'' Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5 or face impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties,〔SCOTUS, ''Mississippi v. Johnson'', 71 U.S. 475 (1866), The Supreme Court's decision held that the president has two kinds of task to perform: ministerial and discretionary. EOs help facilitate the execution of the Executive's ministerial duties.〕 the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.〔SCOTUS, ''Myers v. United States'', 272 U.S. 52 (1926), Majority Opinion.〕
An executive order of the president must find support in the Constitution, either in a clause granting the president specific power, or by a delegation of power by Congress to the president.〔343 U.S. 579, 585. Antieau, Modern Constitutional Law,§13:24 (1969)〕
The Office of the Federal Register is responsible for assigning the executive order a sequential number after receipt of the signed original from the White House and printing the text of the executive order in the daily ''Federal Register'' and Title 3 of the ''Code of Federal Regulations''.
Other types of orders issued by "the Executive" are generally classified simply as administrative orders rather than executive orders.〔Harold C. Relyea, (Presidential Directives: Background and Overview ), CRS Report for Congress #98-611, Nov. 26, 2008.〕 These are typically the following:
* Presidential determination
* Presidential memorandum
* Presidential notice
Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the executive branch of government.〔(National Security Directives ), San Diego State University, Presidential Documents, Retrieved 2009-12-07. 〕 Some types of Directives are the following:
* National Security Directives
* Homeland Security Presidential Directives (presidential decision directives)

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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