by Harold C. Relyea

“ 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.” ”

“ 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. ”

“ The issuance of executive orders by Presidents followed not only the practice of state governors, but also relied upon constitutional authority, such as the Commander-in-Chief role and the faithful execution of the laws clause, and statutory law. Under the new federal government, the Department of State was responsible for preserving presidential executive orders. Examples of early presidential directives having the characteristics of executive orders may be found in Richardson's A Compilation of the Messages and Papers of the Presidents. ”

“ The Roosevelt items largely pertained to the allocation of defense materials to nations of Western Europe engaged in war with Germany. The regulations approved by Truman concerned within-grade salary advancements for federal employees. While earlier examples of Presidents issuing regulations can be found, no directives of this designation have appeared in subsequent CFR Title 3 compilations. [64] Current regulations governing the preparation, presentation, filing, and publication of executive orders and proclamations are prescribed in an executive order, E.O. 11030, as amended. ”

“ The production of NSC policy papers continued under President Eisenhower. Almost any official in the NSC system, from the President on downward, could suggest topics for policy papers. In response, a preliminary staff study might be prepared within the NSC Planning Board, a new body composed of assistant secretary-level officers representing agencies having statutory or presidentially designated membership on the council. ”

“ CFR Title 3 compilations for the 1938-1943 and 1943-1948 periods contain the texts of 12 presidential directives denominated as military orders. [32] The first of these was issued on July 5, 1939, and the last on October 18, 1948. Ten of them bear the signature of President Roosevelt; the other two were signed by President Truman. These directives appear to have been issued by the President in conjunction with the execution of his duties as Commander-in-Chief and pertain to matters concerning armed forces administration and personnel. ”

“ In general, indications are that, during at least the past 40 years, presidential directives published in the Federal Register in forms other than those of executive orders, or proclamations, have been denominated as administrative orders when reproduced in CFR Title 3 compilations. ”

“ This manager coordinated development of a draft position paper with other responsible individuals, often through the use of ad hoc interdepartmental working groups. Fiscal considerations were integrated into the body of the document and no longer appeared in a separate “financial appendix.” ”

“ Cutler, “The Development of the National Security Council,” p. 450. ↑ I. M. Destler, “The Presidency and National Organization,” in Norman A. Graebner, ed., The National Security: Its Theory and Practice, 1945-1960 (New York: Oxford University Press, 1986) , p. 239. ↑ Falk, “The National Security Council Under Truman, Eisenhower, and Kennedy,” pp. 430-431. ↑ John P. Leacacos, “Kissinger's Apparat,” Foreign Policy, Winter 1971-1972, pp. 5-6;
I. M. Destler, Presidents, Bureaucrats, and Foreign Policy (Princeton, NJ: Princeton University Press, 1974) , pp. ”