DOCSLIB.ORG

Draft Executive Order

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Draft Executive Order 1 .. ___________________ N" __ "N __ __ __ ___ - -I Formatted: Font color: Red 2 EXECUTIVE ORDER XXXXX 3 4 5 6 FURTHER AMENDMENT TO EXECUTIVE ORDER 12958, AS AMENDED, 7 CLASSIFIED NATIONAL SECURITY INFORMATION 8 9 10 By the authority vested in me as President by the Constitution and the laws ofthe United 11 States of America, and in order to further amend Executive Order 12958, as amended, it is 12 hereby ordered that Executive Order 12958 is amended to read as follows: 13 14 Classified National Security Information 15 16 This order prescribes a uniform system for classifying, safeguarding, and declassifying 17 national security information, including information relating to defense against transnational 18 terrorism. Our democratic principles require that the American people be informed ofthe 19 activities oftheir Government. Also, our Nation's progress depends on the free flow of 20 information and fully embracing the responsibility to provide information both within the 21 government and to the American people. Nevertheless, throughout our history, the national 22 defense has required that certain information be maintained in confidence in order to protect our 23 citizens, our democratic institutions, our homeland security, and our interactions with foreign 24 nations. Protecting information critical to our Nation's security and demonstrating our 25 commitment to open Government through accurate and accountable application of classification 26 standards and routine, secure, and effective declassification are equally important priorities. 27 28 NOW, THEREFORE, by the authority vested in me as President by the Constitution and 29 the laws of the United States of America, it is hereby ordered as follows: 30 31 PART 1--0RIGINAL CLASSIFICATION 32 33 Sec.lJ.. Classification Standards. (a) Information may be originally classified under 34 the terms of this order only if all of the following conditions are met: 35 36 (1) an original classification authority is classifying the information; 37 38 (2) the information is owned by, produced by or for, or is under the control ofthe 39 United States Government; 40 41 (3) the information falls within one or more ofthe categories of information 42 listed in section 1.4 of this order; and 43 44 (4) the original classification authority determines that the unauthorized 45 disclosure of the information reasonably could be expected to result in damage to 46 the national security, which includes defense against transnational terrorism, and 47 the original classification authority is able to identify or describe the damage. 48 · DRAFf -= 08/0~12009 1 (b) If there is significant doubt about the need to classify information, it shall not be 2 classified. This provision does not: 3 4 (1) amplify or modify the substantive criteria or procedures for 5 classification; or 6 7 (2) create any substantive or procedural rights subject to judicial review. 8 9 (c) Classified information shall not be declassified automatically as a result of any 10 unauthorized disclosure of identical or similar information. 11 12 (d) The unauthorized disclosure of foreign government information is presumed to cause 13 damage to the national security. 14 15 Sec. U. Classification Levels. (a) Information may be classified at one of the 16 following three levels: 17 18 (1) "Top Secret" shall be applied to ipformation, the unauthorized disclosure of 19 which reasonably could be expected to cause exceptionally grave damage to the 20 national security that the original classification authority is able to identify or 21 describe. 22 23 (2) "Secret" shall be applied to information, the unauthorized disclosure of which 24 reasonably could be expected to cause serious damage to the national security that 25 the original classification authority is able to identify or describe. 26 27 (3) "Confidential" shall be applied to information, the unauthorized disclosure of 28 which reasonably could be expected to cause damage to the national security that 29 the original classification authority is able to identify or describe. 30 31 (b) Except as otherwise provided by statute, no other terms shall be used to identify 32 United States classified information. 33 34 (c) Ifthere is significant doubt about the appropriate level of classification, it shall be 35 classified at the lower level. 36 37 Sec . .11. Classification Authority. (a) The authority to classify information originally 38 may be exercised only by: 39 40 (1) the President and the Vice President; 41 42 (2) agency heads and officials designated by the President in the Federal 43 Register; and 44 45 (3) United States Government officials delegated this authority pursuant to 46 paragraph (c) of this section. 47 2 DRAFT -= 08/04D+m12009 1 (b) Officials authorized to classifY information at a specified level are also authorized to 2 classifY information at a lower level. 3 4 ( C) Delegation of original classification authority. 5 6 (1) Delegations of original classification authority shall be limited to the 7 minimum required to administer this order. Agency heads are responsible for 8 ensuring that designated subordinate officials have a demonstrable and continuing 9 need to exercise this authority. 10 11 (2) "Top Secret" original classification authority may be delegated only by the 12 President, the Vice President, or an agency head or official designated pursuant to 13 paragraph (a)(2) of this section. 14 15 (3) "Secret" or "Confidential" original classification authority may be delegated 16 only by the President; the Vice President; or an agency head or official designated 17 pursuant to paragraph (a)(2) of this section; or the senior agency official described 18 in section 5.4(d) of this order, provided that official has been delegated "Top 19 Secret" original classification authority by the agency head. 20 21 (4) Each delegation of original classification authority shall be in writing and the 22 authority shall not be redelegated except as provided in this order. Each 23 delegation shall identifY the official by name or position title. 24 25 (5) Delegations of original classification authority shall be reported or made 26 available by name or position to the Director of the Information Security 27 Oversight Office. 28 29 (d) All original classification authorities must receive training in proper classification 30 (including the avoidance of over-classification) and declassification as provided in this order and 31 its Information Security Oversight Office implementing directives at least once a calendar year. 32 Such training must include instruction on the proper safeguarding of classified information and 33 of the sanctions in section. 5.5 of this order that may be brought against an individual who fails 34 to classifY information properly or protect classified information from unauthorized disclosure. 35 Original classification authorities who do not receive such mandatory training at least once 36 within a calendar year shall have their classification authority suspended until such training has 37 taken place. A waiver may be granted by the agency head, deputy agency head, or the senior 38 agency official if an individual is unable to receive such training due to unavoidable 39 circumstances. Whenever a waiver is granted, the individual shall receive such training as soon 40 as practicable. 41 42 (e) Exceptional cases. When an employee, government contractor, licensee, certificate 43 holder, or grantee of an agency who does not have original classification authority originates 44 information believed by that person to require classification, the information shall be protected in 45 a manner consistent with this order and its implementing directives. The information shall be 46 transmitted promptly as provided under this order or its implementing directives to the agency 47 that has appropriate subject matter interest and classification authority with respect to this 48 information. That agency shall decide within 30 days whether to classify this information. 3 DRAFT -= 08/04ll+m/2009 1 Sec. 1.4. Classification Categories. Information shall not be considered for classification 2 unless its unauthorized disclosure could reasonably be expected to cause identifiable or 3 describable damage to the national security in accordance with section 1.2 of this order, and it 4 pertains to one or more of the following: 5 6 (a) military plans, weapons systems, or operations; 7 8 (b) foreign government information; 9 10 (c) intelligence activities, intelligence sources or methods, or cryptology; 11 12 (d) foreign relations or foreign activities of the United States, including confidential 13 sources; 14 15 (e) scientific, technological, or economic matters relating to the national security; 16 17 (f) United States Government programs for safeguarding nuclear materials or facilities; 18 19 (g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, 20 or protection services relating to the national security; or 21 22 (h) the development, production, or use of weapons of mass destruction. 23 24 Sec . .!.d. Duration of Classification. (a) At the time of original classification, the 25 original classification authority shall establish a specific date or event for declassification based 26 upon the duration of the national security sensitivity ofthe information. Upon reaching the date 27 or event, the information shall be automatically declassified. Except for information that could 28 reasonably be expected to reveal the identity of a confidential human
Load more

Recommended publications
  • June 11, 2021 M-21-26 MEMORANDUM for HEADS of EXECUTIVE DEPARTMENTS and AGENCIES FROM: Shalanda D. Young Acting Director SUBJECT
    EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET W ASHINGTON, D.C. 20503 June 11, 2021 M-21-26 MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Shalanda D. Young Acting Director SUBJECT: Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws On January 25, 2021, the President signed Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers (the Executive Order). This Executive Order aims to help American businesses compete in strategic industries and ensure America’s workers thrive. It contemplates a series of actions to enable the United States Government to maximize its use of goods, products, and materials produced in, and services offered in, the United States. These actions include, among other things, requiring the Office of Management and Budget (OMB) to establish the Made in America Office (MIAO). The MIAO will provide greater oversight of waivers from Made in America Laws,1 thus increasing consistency and public transparency of such waivers. The Executive Order also directs the Federal Acquisition Regulatory Council (FAR Council) to consider strengthening applicable Made in America provisions in the Federal Acquisition Regulation (FAR). The MIAO aims to increase reliance on domestic supply chains and reduce the need for waivers through a strategic process aimed at: achieving consistency across agencies; gathering data to support decision-making to make U.S. supply chains more resilient;2 bringing increased transparency to waivers in order to send clear demand signals to domestic producers; and 1 The Executive Order defines “waiver” to include exceptions and waivers under applicable Made in America Laws.
    [Show full text]
  • Resolutions to Censure the President: Procedure and History
    Resolutions to Censure the President: Procedure and History Updated February 1, 2021 Congressional Research Service https://crsreports.congress.gov R45087 Resolutions to Censure the President: Procedure and History Summary Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text. Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation. Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution). The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President.
    [Show full text]
  • SBA Update and Government Contracting
    SBA Update and Government Contracting 21 March 2021 business.defense.gov @BusinessDefense Opening Mr. Farooq Mitha Director Department of Defense Office of Small Business Programs 2 Presenter Ms. Bibi Hidalgo Associate Administrator Office of Government Contracting and Business Development 2 DOD & SBA: Partners in Small Business Contracting Bibi Hidalgo Associate Administrator Office of Government Contracting & Business Development US Small Business Administration April 21, 2021 Small Business Contracting is Big Business WORLD’S Full and Open LARGEST 01 Competition BUYER . $500,000 billion/year Small Business . 23% federal contract 02 Set-Asides dollars are intended for small businesses 03 Sole Source 2 SBA Has Four Major Contracting Programs The SBA works with federal agencies to award at least 23% of all prime government contracting dollars each year to small businesses that are certified with the SBA’s contracting programs. Programs include: 8(a) Business Historically Women-Owned Service- Development Underutilized Small Business Disabled Program Business Zones (WOSB) Program Veteran-Owned (HUBZone) Program Program Learn more at certify.SBA.gov 3 What Are the Statutory Federal Small Business Procurement Goals? Section 15(g), 15 U.S.C. 644(g) (1) • Federal small business procurement goals are set by Congress, which requires that the Federal government shall direct a percentage of spending dollars to small business concerns (SBCs), and certain socioeconomic categories of small businesses. • In 1988, Congress first enacted a procurement goal in prime contracting for small businesses. • Since then, goals have been increased, extended to include some subcontracting, and applied to socially and economically disadvantaged small businesses (SDBs), service-disabled veteran-owned small businesses (SDVOSBs), woman-owned small businesses (WOSBs), and small businesses in the Historically Underutilized Business Zone (HUBZone) Program.
    [Show full text]
  • To What Extent Did Abraham Lincoln Increase the Power of the Presidency
    Teaching American History Grant: Learning Experience 2008-2009 (Scott Maoriello – Wappingers Central School District) Topic Title: Lincoln the War Leader Date: 10/20/08 Grade Level: 11th Grade American History Objectives: Interpret and understand several primary sources Comprehend the significance of President Lincoln’s decisions in the early months of the Civil War Evaluate the constitutionality of Lincoln’s decisions Understand the parts of the Constitution that relate to Congressional and Presidential war-making powers Analyze the long term impact of Lincoln’s decisions Essential Questions: Was Lincoln’s abuse of presidential power and violation of citizens’ civil liberties necessary, and therefore justifiable, in order to “preserve the Union”? Time Allotment: Two days Vocabulary: writ of habeas corpus blockade ex parte commander in chief border states emancipation insurrection aggregate abodes Materials and Resources: Students will be provided with a packet with several primary/secondary sources and guiding questions. Progress of Secession Map http://www.teacheroz.com/Civil_War_Causes.htm Scott’s Plane (Snake blockade) Cartoon http://en.wikipedia.org/wiki/Image:Anaconda_Plan.jpg Lincoln Executive Order – April 25th 1861 (writ of habeas corpus) http://www.presidency.ucsb.edu/abraham_lincoln.php Lincoln Executive Order – April 27th 1861 (writ of habeas corpus) http://www.presidency.ucsb.edu/abraham_lincoln.php Ex Parte Merryman – May 25th 1861 http://www.teachingamericanhistory.org/library/index.asp?document=442 Lincoln Quote (Speech
    [Show full text]
  • Harry S Truman U.S
    National Park Service Harry S Truman U.S. Department of the Interior Harry S Truman National Historic Site Truman & Civil Rights Given his background, Harry Truman was an unlikely champion of civil rights. Where he grew up—the border state of Missouri—segregation was accepted and largely unquestioned. Both his maternal and paternal grandparents had even owned slaves. Truman’s background notwithstanding, some would say it was Truman who energized the modern civil rights movement, paving the way for future legislative successes of the 1960s. Truman’s Missouri Roots Harry Truman’s civil rights views as President Truman’s experience as an officer in World War surprised many because they seemed to contradict I and post-war business dealings with a Jewish his upbringing. Truman grew up in a former slave partner also broadened his perspectives. By 1940, as state where his small-town, rural surroundings he sought reelection to the US Senate, his viewpoint included segregation and subordination for many of had matured. its citizens. In a speech in Sedalia, Missouri, he said, “I believe Black residents lived in a separate section of town, in the brotherhood of man, not merely the brother- attended a different school, and were prevented hood of white men, but the brotherhood of all men from shopping at most stores. In his early letters, before law. I believe in the Constitution and the the young Harry Truman reflected on his back- Declaration of Independence. In giving the Negroes ground by frankly admitting prejudices against the rights which are theirs, we are only acting in ac- blacks and Asians.
    [Show full text]
  • Executive Order 13978 of January 18, 2021
    6809 Federal Register Presidential Documents Vol. 86, No. 13 Friday, January 22, 2021 Title 3— Executive Order 13978 of January 18, 2021 The President Building the National Garden of American Heroes By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Background. In Executive Order 13934 of July 3, 2020 (Building and Rebuilding Monuments to American Heroes), I made it the policy of the United States to establish a statuary park named the National Garden of American Heroes (National Garden). To begin the process of building this new monument to our country’s greatness, I established the Interagency Task Force for Building and Rebuilding Monuments to American Heroes (Task Force) and directed its members to plan for construction of the National Garden. The Task Force has advised me it has completed the first phase of its work and is prepared to move forward. This order revises Executive Order 13934 and provides additional direction for the Task Force. Sec. 2. Purpose. The chronicles of our history show that America is a land of heroes. As I announced during my address at Mount Rushmore, the gates of a beautiful new garden will soon open to the public where the legends of America’s past will be remembered. The National Garden will be built to reflect the awesome splendor of our country’s timeless exceptionalism. It will be a place where citizens, young and old, can renew their vision of greatness and take up the challenge that I gave every American in my first address to Congress, to ‘‘[b]elieve in yourselves, believe in your future, and believe, once more, in America.’’ Across this Nation, belief in the greatness and goodness of America has come under attack in recent months and years by a dangerous anti-American extremism that seeks to dismantle our country’s history, institutions, and very identity.
    [Show full text]
  • Collection: Office of the Chief of Staff Files Series: Hamilton Jordan's Confidential Files Folder: Reorganization – WH/EOP, 1
    Collection: Office of the Chief of Staff Files Series: Hamilton Jordan's Confidential Files Folder: Reorganization – WH/EOP, 1977 [1] Container: 37 Folder Citation: Office of the Chief of Staff Files, Hamilton Jordan's Confidential Files, Reorganization – WH/EOP, 1977 [1], Container 37 ·'~"'.·."":-"\/f>.· :-.... ' ..) <, ~) t, I ;r ~-t:~~{ THE WHITE HOUSE ~ /4kt:,t~ ~ WASHINGTON ;-7/ L:"/ / ~ ;:r,,/ /~ .r:.~/~~Q" March 31, 1977 k A /d/ A//;·y{~.-.,P ~ ~~/P ~4-c-;f'/' ~­ &:,//~ /;If~~~ ~k... _ .~ .rMY . f/c.x/.ra:..;;Lo tIJUA. 7~AJIC~ MEMORANDUM FOR THE PRESIDENT /4 ?~/;;:""6 4,.tP'C ~ 4 8t}-f - ~.:~ ~..c.o" FROM: ROBERT LIPSHUTZ (V ~&,..~ er :>:t:.,; P /'J'k . 7f~ F~4 I With reference to your memorandum of earlier .J)~';7' today regarding the newspaper articles concerning .9 the White House staff, I am a·ttaching an up-to- ~ ­ date analysis of both the permanent staff and // ~~~~ temporary employees, along with two memorandums ~~ ~~ which I requested Richard Harden and Hugh Carter ~~~ to prepare independently. ~ ~~NtIft~. Arter you have had an opportunity to review these ~ documents, I would like to meet with you personally at your convenience to discuss the matter. ~ /F .,.., .' ~ ~/l4""~~ ~ iJ·iiI: ~ ,.::...... " Attachments ~ ~ .r~.t'~ ~hf/~/I"AI'J" .,ffj.~hA r .r~ ~"'" u/;£b ~.7c./. A ~~d,f~ rl'/,·/k ~ k ~e-d~~ ~ ~ ~_ ~f~, ~ .1// ~~/A.~_ ~C'• ~!lJ Press 66 48 r)0 First Lady 26 29 V Public Liaison 22 19 6 Personnel 19 18 0 Congressional Liaison 25 26 9 N. S. C. 1 3 2 Appointm.ents and Scheduling and Advance 34 22 0 Domestic Affairs, Policy, Cabinet &: Intergovernm.ental 30 22 3 Politic.al &: Staff Secretary 16 13 3 Budget &: Administration 1 4 0 Energy 0 2 0 Drug Program 0 1 0 Special Projects 0 2 0 Miscellaneous 6 1 1 Totals 259 221 ~ This proposed allocation would result in a reduction of 38 persons, which is lOpe rcent.
    [Show full text]
  • E.O. 14005: Bolstering Federal Government Purchase of American Products and Services
    INSIGHTi E.O. 14005: Bolstering Federal Government Purchase of American Products and Services February 2, 2021 On January 25, 2021, President Joe Biden issued Executive Order (E.O.) 14005 to advance the policy that the U.S. government should “use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced, and services offered in, the United States.” Although the E.O. has broad applicability, this Insight focuses exclusively on the Buy American Act (BAA) as applied to federal procurement and discusses selected provisions of the E.O. As may occur during a presidential transition, E.O. 14005 revoked two executive orders and superseded a third that also promoted Buy American policies and were issued by President Biden’s immediate predecessor. Implementing a Waiver Review Process Under the E.O., a newly formed Made in America Office, located in the Office of Management and Budget (OMB) and led by the Made in America director (appointed by the OMB director), will be responsible for reviewing agencies’ proposed waivers to the BAA and detailed justifications for procurement of products or materials not mined, produced, or manufactured in the United States. Presently, there is no centralized process or office for reviewing agencies’ waivers to the BAA. Generally, the review process as described in Section 4 of E.O. 14005 is to include the following steps: The granting agency submits a proposed waiver and written justification for use of goods, products, or materials that have not been mined, produced, or manufactured in the United States to the Made in America Office.
    [Show full text]
  • Executive Order 9066 Termination” of the William J
    The original documents are located in Box 34, folder “Executive Order 9066 Termination” of the William J. Baroody Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 34 of the William J. Baroody Files at the Gerald R. Ford Presidential Library An American Promise By the President of the United States of America A Proclamation In this Bicentennial Year, we are commemorating the anniversary dates of many of the great events in American history. An honest reckoning, however, must include a recognition of our national mistakes as well as our national achievements. Learning from our mistakes is not pleasant, but as a great philosopher once admonished, we must do so if we want to avoid repeating them. February 19th is the anniversary of a sad day in American history. It was on that date in 1942, in the midst of the response to the hostilities that began on December 7, 1941, that Executive Order No.
    [Show full text]
  • FDR’S Decision to Intern Japanese Americans Is Widely Viewed by Historians and Legal FDR and Scholars As a Great Injustice
    CONFRONT THE ISSUE Today, FDR’s decision to intern Japanese Americans is widely viewed by historians and legal FDR AND scholars as a great injustice. JAPANESE Following the Japanese attack on Pearl Harbor, the FBI arrested over 1200 Japanese aliens AMERICAN throughout the United States. Over the next several weeks, President Roosevelt received INTERNMENT contradictory advice about further action. FDR’s military advisers recommended the exclusion of persons of foreign descent, including American citizens, from sensitive areas of the country as a safeguard against espionage and sabotage. The Justice Department initially resisted any relocation order, questioning both its military necessity and its constitutionality. But the shock of Pearl Harbor and of Japanese atrocities in the Philippines fueled already tense race relations on America’s West Coast. In the face of political, military, and public pressure, Roosevelt accepted the relocation proposal. The Attorney General acquiesced after Scroll down to view the War Department relieved the Justice Department of any responsibility for implementation. select documents from the FDR Library On February 19, 1942, President Roosevelt signed Executive Order 9066 granting the War and excerpts from Department broad powers to create military exclusion areas. Although the order did not the historical debate. identify any particular group, in practice it was used almost exclusively to intern Americans of Japanese descent. By 1943, more than 110,000 Japanese Americans had been forced from their homes and moved to camps in remote inland areas of the United States. CONFRONT THE ISSUE FDR AND Letter, J. Edgar Hoover to Edwin M. Watson JAPANESE December 10, 1941 AMERICAN FBI Director J.
    [Show full text]
  • Executive Orders: an Introduction
    Executive Orders: An Introduction March 29, 2021 Congressional Research Service https://crsreports.congress.gov R46738 SUMMARY R46738 Executive Orders: An Introduction March 29, 2021 Executive orders are written instruments through which a President can issue directives to shape policy. Although the U.S. Constitution does not address executive orders and no statute grants the Kevin T. Richards President the general power to issue them, authority to issue such orders is accepted as an Legislative Attorney inherent aspect of presidential power, though their legal effect depends on various considerations. This report discusses the following: Issuance of Executive Orders. The typical process for issuing an executive order is set forth in an executive order issued by President John F. Kennedy. That process is coordinated by the Office of Management and Budget (OMB), which receives comments and language from impacted and interested agencies. Once OMB and stakeholder agencies have reviewed the draft language, the draft order is sent to the Attorney General and Director of the Office of the Federal Register for review, and then on to the President for signing. After signing, executive orders are generally published in the Federal Register. Not all executive orders go through this process. Authority for Executive Orders. Executive orders typically convey presidential directives intended to have the force and effect of law. To have legal effect, those directives must be issued pursuant to one of the President’s sources of power: either Article II of the Constitution or a delegation of power from Congress. One way that Congress can delegate power to the President is by enacting a statute before the order issues.
    [Show full text]
  • Segment 13-2.Pub
    Please note: Each segment in this Webisode has its own Teaching Guide At the end of World War II, African American soldiers who had fought to end tyranny and genocide returned home to a segregated nation rift by racial injustice. President Harry S. Truman made determined efforts to advance civil rights by desegregating the armed forces and urging Congress to pass comprehensive civil rights legislation. On July 26, 1948, President Truman used his prerogative as commander in chief to issue Executive Order 9981 that established the President’s Committee on Equality of Treatment and Opportunity in the Armed Services. Although it took years to bring change, Truman had put the process in motion. Although the first president to address the National Association for the Advancement of Colored People (NAACP), Truman lacked the support of a majority of Americans who rejected his civil rights platform. Undeterred, this man from a former slave state and a Confederate family background publicly and forcefully said that African Americans deserved equal rights. Teacher Directions 1. Pose the following questions to the students. • Suppose you were president of the United States. What might you do to end racial unfairness? • In what ways can a president bring about change? • What did President Harry Truman do to end racial unfairness? 2. Make sure students understand the following points in discussing the questions. Presidents bring about change by exerting their influence in getting legislation created and passed, by campaigning for change, by seeing that legislation is put into effect, and by issuing executive orders. President Truman sent proposals to Congress to stop lynching, to outlaw the poll tax that kept some people from voting, and to end segregation in the armed forces.
    [Show full text]