PRESIDENTIAL DOCUMENTS: EXECUTIVE ORDERS, PROCLAMATIONS AND ADMINISTRATIVE ORDERS
By Melanie Nelson
Presidential Executive Orders, Proclamations and Administrative Orders are required to be published in the Federal Register as documents of general applicability and legal effect see 44 USCA §1505. The only exceptions are orders which deal with sensitive national security measures which appear by number only in the Federal Register. Exec. Or. 11030, 27 FR 5847, 3 CFR, 1959-1963 Comp., specifies the regulations for the preparation, presentation, filing and publication of these Presidential documents. Executive Orders, Proclamations and Administrative Orders issued by a President during a particular year are compiled and published by number in the annual volume of Title 3 of the CFR.
The Presidential power to issue Executive Orders and Administrative Orders is an offspring of implied constitutional powers to "take care that the laws be faithfully executed." Executive Orders and Administrative Orders derive their legal authority either from existing statutes or from other constitutional authority given to the President. Executive Orders and Administrative Orders do not have to be approved by Congress to be effective.
Presidential Executive Orders usually pertain to government agencies and officials and are used to direct and govern the activities of government agencies and officials. They may be used to promote enforcement of specific statutes. Proclamations are generally addressed to the nation and relate to ceremonial or celebratory occasions. Administrative Orders include numbered documents called determinations, and notices or memorandum designated by date. These orders often concern foreign policy decisions but may also include management decisions made by the President that concern Executive Departments.
An example of a current Presidential Executive Order is Exec. Or. 13374, 70 Fed. Reg. 12961 entitled Amendments to Executive Order 12293 - The Foreign Service of the United States which sets new salary rates for the Senior Foreign Service. A current Proclamation from President Bush proclaims National Former Prisoner of War Recognition Day, 2005, 70 Fed. Reg. 17297. For a look at an Administrative Order see Notice of March 2, 2005 concerning Zimbabwe at 70 FR 10859. To see either of these examples use this link http://www.gpoaccess.gov/fr/index.html. When the Federal Register online main page comes up, click on the link "Retrieve a FR page" on the menu on the left of the screen. You will access a template that will allow you to define the volume and enter the page where you can see either document as it appears in the Federal Register. (If you get a message that says "cannot connect" submit your search again and you should see the page that you have asked for.)
This pathfinder will guide you in finding orders in print and electronic sources. Westlaw and Lexis sources for these materials have been left out of this pathfinder even though they also contain executive orders and proclamations in their databases. Check the dates of coverage and contents information for the individual databases when using these online research services.
Sources for Executive Orders and Proclamations
Current Presidential Website - http://www.whitehouse.gov/
National Archives and Records Site - http://www.archives.gov/federal_register/presidential_documents/website_guide.html (This site includes Executive Orders Disposition Tables.)
Weekly Compilation of Presidential Documents
Federal Register
Code of Federal Regulations Title 3
Codification of Presidential Proclamations and Executive Orders 1945-1989
Public Papers of the President
Early Executive Orders and Proclamations Not Published in CFR or Federal Register
- CIS Index to Presidential Executive Orders and Proclamations 1789-1983 Law Govt. Docs. 1st Floor - KF70.A555 1987
United Statutes at Large
- Contains Proclamations only since 1789 to present.
- HeinOnLine U.S. Statutes at Large library
- Print U.S. Statutes at Large volumes located 2nd Floor Reading Room in the Federal Collection
