How to Find Presidential Proclamations and Executive Orders
The President, as Chief Executive, leads the executive branch
of the
federal government and, as such, has ultimate supervision over
the
various administrative agencies. The President, however, also
has a great deal of authority in his own right: under the Constitution,
he is military commander-in-chief and director of foreign relations;
under statutes passed by Congress, he has considerable
decision-making
power, particularly in matters regarding foreign
trade; and by his
inherent authority as Chief Executive, he has
wide, if vague, power
to further the public interest (as an example,
in the secession
crisis of 1861, President Lincoln suspended, by
proclamation, the
writ of habeas corpus). The president
exercises his authority
primarily through the issuance of
proclamations and executive
orders. These documents are
described below, with a note on other
sorts of presidential
"determinations."
For an excellent discussion of the
powers and duties of the
President, see M. Nelson, ed.,
Congressional Quarterly's Guide to
the Presidency (2d ed.,
1996).
It should be noted that most of these documents (from the
early 1980s on) are available on WESTLAW and LEXIS.
1.
Definition and numbering: Proclamations and executive orders have
much the same legal effect, but are usually used for different
purposes: proclamations for ceremonial or broad policy statements,
executive orders for routine determinations under statutory
authority.
They are numbered, in separate series, in order of
issuance.
a. Proclamations: Usually used for ceremonial statements
of
general interest (such as declaring National Flag Day), but
occasionally used for substantive statements of general policy
(such as Lincoln's Emancipation Proclamation) or for announcements
of certain presidential decisions, especially in the fields of
foreign relations and trade.
b. Executive orders: Presidential
determinations, usually
issued under statutory authority and
directed to government officers.
2. Where published:
a.
Federal Register (daily)
b. U.S. Code Congressional and
Administrative News (West)
and USCS Advance pamphlets.
c.
Statutes at Large: proclamations only
d. U.S. Code (and USCA and
USCS): selected only, after the
USC sections they implement
e.
Weekly Compilation of Presidential Documents and
Public
Papers of the Presidents
3.
Where codified:
a. Title 3, CFR (annual, with some prior
cumulations)
b. Codification of Presidential Proclamations and
Executive
Orders (most recent ed., 1945-1989): text, including
subsequent
amendments, of documents having current legal effect;
codified by
subject
4. Internet Access:
a. Weekly
Compilation of Presidential Documents: available
on National
Archives and Records Administration, Office of the
Federal Register
homepage:
http://www.access.gpo.gov/nara/index.html#pdb.
Executive orders (Clinton administration): Search at the White
House
Library:
http://www.pub.whitehouse.gov/WH/Publications/html/Publications.html
or at the National Archives and Records Administration at
http://www.nara.gov/fedreg/presdoc.html#topCOMMON QUESTIONS
5. I have a proclamation or order number; how do I
find the document?
a. Federal Register--CFR Parts Affected table:
current and
recent months
b. CFR--Lists of Sections Affected:
current year
c. USCAAN and USCS Advance: cumulative tables
d.
Title 3, CFR: Yearly, printed in number order, with
finding tables
at end.
e. Codification: Disposition Tables give current status
and page at which codified
6. Has the president issued a
proclamation or order on a
particular subject?
a. Federal
Register: Check index under "Presidential
Documents"; and
table of contents for individual issues after
index cut-off date
b. Title 3, CFR: Check index for current and past few
years
c. Codification: Check subject index (1945-1989)
7.
What's the president's statutory authority for issuing a
proclamation or order? Check Tables VI and VII of the USC
tables volume. Also, if the document has a statutory basis,
it will usually cite this authority in the opening paragraph.
8. Has the president issued a proclamation or order under a
particular statute? Check the "Statutes Cited as
Authority"
in the Codification, Title 3 CFR, and CFR Lists of
Sections
Affected.
9. Where can I find if a proclamation
or order has been
amended or revoked by a subsequent issuance?
Check the
Disposition table in the Compilation, and the Documents
Affected table in Title 3, CFR.
10. Where can I find old
proclamations and orders? Proclamations
are in the Statutes and
Large (1846 on). The best place to start
is the CIS Index to
Presidential Executive Orders and Proclamations
(1787-1921); once a
cite is found, there are various microform and
printed sources for
its text.
OTHER PRESIDENTIAL DOCUMENTS
11. Administrative
orders: Although not numbered as proclamations
and executive orders,
have much the same effect; usually used for
particular determinations
under foreign trade statutes, or to
implement foreign policy
decisions. "Orders" are dated only,
not numbered;
"presidential determinations" are numbered by year
and
number (e.g. no. 90-9). Published in the Federal Register
and
Title 3, CFR.
12. Reorganization plans: Plans for the reorganization
of
executive branch agencies, proposed by the president and
approved by both houses of Congress. Designated by year
and
number. Proposed plans are published in the Congressional
Record; approved plans in the Statutes at Large, Title 5, USC,
the
Federal Register, and Title 3, CFR. Listed in table VIII
of the
USC tables volume.
13. Legislative documents: Presidential messages
proposing,
approving, or vetoing legislation appear, most
conveniently,
in the Weekly Compilation of Presidential Documents
and the
annual
Papers of the Presidents, although they can be found
elsewhere (presidential signing statements, for instance,
are
in USCAAN).
14. Executive agreements: Agreements with foreign
countries,
executed by the President; have the status of treaties