Directive

“ A cardinal trait in all advancing organization is the development of the regulative apparatus. If the parts of a whole are to act together, there must be appliances by which their actions are directed; and in proportion as the whole is large and complex, and has many requirements to be met by many agencies, the directive apparatus must be extensive, elaborate, and powerful. ”

“ And this contrast is analogous to one of the contrasts between undeveloped and developed societies; for, while among the uncivilized and incipiently civilized there is but a single set of directive agencies, there are among the fully civilized, as we shall presently see, two sets of directive agencies, for the outer and inner structures respectively. ”

“ Except as specifically authorized in this subchapter, any regulation, order, direction, mitigation measure, or other authorization or directive issued thereunder or in writing by the Department of Commerce, no person may alter any order, direction, mitigation measure, or other authorization or directive issued under this Act or any related regulation. ”

“ A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity from accepting as a member of the Part 4 politically significant entity, an individual who is a foreigner, or a particular foreigner specified in the directive. ”

“ Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the Federal Register and the Code of Federal Regulations. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in an announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by 20th century Presidents. ”

“ The Director shall: (1) develop, in consultation with the agencies, and promulgate, subject to the approval of the National Security Council, directives for the implementation of this Order, which shall be binding on the agencies; (2) oversee agency actions to ensure compliance with this Order and implementing directives; (3) review all agency implementing regulations and agency guidelines for systematic declassification review. The Director shall require any regulation or guideline to be changed if it is not consistent with this Order or implementing directives. ”

“ 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. ”

“ Except to the extent that they may inconsistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, or entered into with respect to any function affected by this order and not revoked, superseded, or otherwise made inapplicable before the date of this order, shall continue in full force and effect until amended, modified, or terminated by appropriate authority. ”

“ No unclassified information meeting the requirements of section 2 (a) of this order shall be disapproved for inclusion as CUI, but the Executive Agent may resolve conflicts among categories and subcategories of CUI to achieve uniformity and may determine the markings to be used. (b) The Executive Agent, in consultation with affected agencies, shall develop and issue such directives as are necessary to implement this order. ”

“ Members of the Federal Executive Council and officials in federal administrative agencies and federal organizations shall be responsible for the execution of policy and the enforcement of statutes, other regulations and enactments exclusively to federal agencies, and in the performance of their function may not receive directives or orders from the agencies and officials of other socio-political communities, nor may they follow such directives and/or orders. ”

“ The Commission should take the necessary administrative steps to set up the Platform.
(33) The Platform should fully respect the fundamental rights and observe the principles recognised in the Charter of Fundamental Rights of the European Union.
(34) Regulation (EC) No 45/2001 of the European Parliament and of the Council ( [5] ) and Directive 95/46/EC of the European Parliament and of the Council ( [6] ) as well as the relevant national implementing measures apply to the processing of personal data carried out within the framework of this Decision. ”

“ Provide members of the U.s. Delegation to the OPCW, including an rnate Permanent U.s. Representative to the OPCW, who will be resident in The Hague; (j) To the ext authorized by law, and subject to section 9 of Executive Order 13128, perform investigat functions relating to violations of section 404 (d) or section 501 (b) of the Act or to violations of any regulations or orders implementing CWC responsibilities delegated to Commerce, and, as appropriate, re r cases to the Department of Justice for initiation of criminal proceedings ”

“ The power to regulate it embraces all the instruments by which such commerce may be conducted. So far as some of these instruments are concerned, and some subjects which are local in their operation, it has been held that the States may provide regulations until Congress acts with reference to them; but where the subject to which the power applies is national in its character, or of such a nature as to admit of uniformity of regulation, the power is exclusive of all State authority. ”

“ Regulations. Under the Constitution of the United States, rules for the government and regulation of the army must be made by Congress. Regulation implies regularity; it signifies fixed forms; a certain order; method; precise determination of functions, rights, and duties. (See Military Regulations.) A “regulation” of an executive department is a rule by the head of such department for its action, under a statute conferring such power, and has the force of law; a mere order of the President, or of the Secretary of the department, is not a regulation. ”

“ The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws, and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate. The power of making treaties is, plainly, neither the one nor the other. ”

“ Any regulatory preemption of State law shall be restricted to the minimum level necessary to achieve the objectives of the statute pursuant to which the regulations are promulgated.
(d) As soon as an Executive department or agency foresees the possibility of a conflict between State law and Federally protected interests within its area of regulatory responsibility, the department or agency shall consult, to the extent practicable, with appropriate officials and organizations representing the States in an effort to avoid such a conflict. ”

“ By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States, and as President of the United States, the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding State, Territorial, and municipal offices, is hereby further amended so as to permit any person holding a State, Territorial, or municipal office to accept appointment and serve as a member of an Alien Enemy Hearing Board. ”

“ They are not organized under the Constitution, nor subject to its complex distribution of the powers of government, as the organic law; but are the creations, exclusively, of the legislative department, and subject to its supervision and control. Whether, or not, there are provisions in that instrument which extend to and act upon these Territorial governments, it is not now material to examine. We are speaking here of those provisions that refer particularly to the distinction between Federal and State jurisdiction. ”

“ IN GENERAL.—Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located in the State that, on the day before the date of the admission of the State into the Union, are controlled or owned by the United States and held for defense or Coast Guard purposes. ”

“ If an appointment be to an office to be exercised within the limits of the United States or its territories, it must be to one which exists, and has been created by the municipal laws of the United States. If to an office which is to be exercised without the limits of the United States, within the dominions of a foreign sovereign, it must be to one which exists, and is recognized by the general principles of international law, or which is specially created by positive and particular pacts and conventions. ”

“ It establishes that of all the class of agencies, public or private, whether acting as officers whose powers are created by statute or by other corporations or by individuals, and whether the subject-matter relates to duties imposed by the nation, or the State, or by private corporations, or by individuals, on this one class of agents, and in regard to the exercise of this one class of powers alone, must full, absolute, and uncontrollable authority be conferred on them, or none. ”

“ The law of agency which a State chooses to follow functions, for the most part, free of constitutional restraint; in our federal system, each State may regulate the relations between principal, agent, and third parties according to its own standards of fairness and sound policy. ”

“ Where Congress has delegated the authority to an independent agency or to the Executive Branch to implement the general provisions of a regulatory statute and to issue regulations to that end, there is no doubt that planning-level decisions establishing programs are protected by the discretionary function exception, as is the promulgation of regulations by which the agencies are to carry out the programs. ”

“ Each agency for which presidential action is not required to establish an order of succession because of the agency’s existing legal authority shall establish and maintain such order in accordance with applicable law and any applicable guidance issued by the President or the Secretary of Homeland Security, including the laws and guidance regarding continuity plans and programs for the executive branch. ”

“ It has been very properly said, on all sides, that this Act, declaring the rights of the citizens, and forming their government, divided it into three great branches, the legislative, executive, and judiciary, assigning to each its proper powers, and directing that each shall be kept separate and distinct, must be considered as a rule obligatory upon every department, not to be departed from on any occasion. ”

“ Not all agencies issue comprehensive regulations, however. Some establish policy on a case-by-case basis, whether through adjudicatory proceedings or through administration of agency programs. Others promulgate regulations on some topics, but not on others. In addition, an agency may rely on internal guidelines rather than on published regulations. In any event, it will most often be true that the general aims and policies of the controlling statute will be evident from its text. ”

“ In order to reduce the regulatory burden on the American people, their families, their communities, their State, local, and tribal governments, and their industries; to determine whether regulations promulgated by the executive branch of the Federal Government have become unjustified or unnecessary as a result of changed circumstances; to confirm that regulations are both compatible with each other and not duplicative or inappropriately burdensome in the aggregate ”

“ In the very realm of navigation, the authority of the states to establish regulations effective within their own borders, in the absence of exclusive legislation by Congress, has been recognized from the beginning of our government under the Constitution. ”

“ The power of Congress to impose the prohibition in the eighth section of the act of 1820 has been advocated upon an attempted construction of the second clause of the third section [p489] of the fourth article of the Constitution, which declares that
Congress shall have power to dispose of and to make all needful rules and regulations respecting the territory and other property belonging to the United States. ”

“ But whether this power be exerted in one form or another, or by one agency or another, the enactments put forth, whether called constitutional provisions, laws ordinances, or orders are in essence legislative acts of the state; they express its will, and have no force otherwise. As respects their validity under the Constitution of the United States, all are on the same plane. ”

“ Agencies, whether created by statute or Executive Order, must of course be free to give reasonable scope to the terms conferring their authority. But they are not free to ignore plain limitations on that authority. ”

“ Promulgate such rules and regulations, consistent with the Charter, as are
necessary to carry out the functions of the INIS. The application of such rules and
regulations to specific citizens is subject to judicial review by courts of competent
jurisdiction.
ARTICLE 16. The Director General will have:
—
Authority to appoint members to the Service.
—
Authority, notwithstanding the provision of any other law, in his discretion to
terminate the employment of any member of the Service whenever he deems it
necessary or advisable in the interest of national security. ”