Instruction or declaration issued by the President of the United States
A presidential directive, or executive action,[1] is a written or oral[note 1] instruction or declaration issued by the president of the United States, which may draw upon the powers vested in the president by the U.S. Constitution, statutory law, or, in certain cases, congressional and judicial acquiescence.[2] Such directives, which have been issued since the earliest days of the federal government, have become known by various names, and some have prescribed forms and purposes.[3] Presidential directives remain in effect until they are revoked,[4] which the president is free to do.[5] The classification of presidential directives is not easily done, as the distinction between the types can be quite arbitrary, arising from convenience and bureaucratic evolution,[6] and none are defined in the Constitution.[7] Furthermore, the different types may overlap.[8] As one legal scholar put it: "it is a bit misleading to overclassify presidential directives as comprising separate and distinct 'types' just because they have different headings at the top of the first page."[9] In terms of legal applicability, what matters is the substance of the directive, not the form,[4][6] unless a certain kind of directive is specifically required by relevant statute.[10]
^Kessler, Glenn (31 December 2014). "Claims regarding Obama's use of executive orders and presidential memoranda". Washington Post.
^Gaziano 2001, pp. 6–7: "These... actions were probably unconstitutional, but Congress acquiesced in the face of wartime contingencies, and the matters were never challenged in court."
^Relyea 2008, Summary.
^ abMoss, Randolph D. (29 January 2000). "Legal Effectiveness of a Presidential Directive as Compared to an Executive Order – Memorandum For The Counsel to the President". Department of Justice, Office of Legal Counsel.
^Chu & Garvey 2014, p. 7; Contrubis 1999, p. 19.
^ abGaziano 2001, pp. 11–12.
^Chu & Garvey 2014, pp. 1–2.
^Relyea 2008, p. 4.
^Gaziano 2001, p. 11.
^Gaziano 2001, pp. 9–10.
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