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Presidential Directives: Background and Overview

Description: This report provides an overview of the different kinds of directives that have been utilized primarily by twentieth century Presidents. It presents background on their historical development, accounting, use, and effect.
Date: November 26, 2008
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

The President’s Reorganization Authority: Review and Analysis

Description: This report addresses three specific issues: (1) the historical basis and use of the President’s reorganization authority; (2) the factors contributing to the lapse of the President’s reorganization authority in 1984,1 and (3) thoughts on the future of reorganization in the executive branch.
Date: March 8, 2001
Creator: Moe, Ronald C.
Partner: UNT Libraries Government Documents Department

Recess Appointments: Frequently Asked Questions

Description: This report supplies brief answers to some frequently asked questions regarding recess appointments. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval (Article II, Section 2, Clause 3).
Date: August 25, 2006
Creator: Hogue, Henry B.
Partner: UNT Libraries Government Documents Department

Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 112th Congress

Description: This report identifies, for the 112th Congress, all nominations to full-time positions requiring Senate confirmation in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branc
Date: January 13, 2015
Creator: Greene, Michael
Partner: UNT Libraries Government Documents Department

Presidential Permits for Border Crossing Energy Facilities

Description: This report discusses Presidential Permits for oil and other energy sources crossing the U.S. border (which are a type of executive order) including the source of the executive branch authority to issue the orders, the standards set forth in the orders, and the projects approved pursuant to the orders. The report also discusses proposed changes to the Presidential Permitting framework in the Promoting Cross-Border Energy Infrastructure Act (H.R. 2883), which passed in the House on July 19, 2017.
Date: August 1, 2017
Creator: Vann, Adam & Parfomak, Paul W.
Partner: UNT Libraries Government Documents Department

What Can the New President Do About the Effective Dates of Pending Regulations?

Description: This report discusses legal questions and relevant cases related to a new presidents power to freeze implementation of pending regulation temporarily while it is reviewed by the new administration for compatibility with his policy goals.
Date: January 18, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains

Description: This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.
Date: January 5, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Recess Appointments Made by President Barack Obama

Description: This report identifies recess appointments by President Obama, from the beginning of his presidency, on January 20, 2009, until June 3, 2013. The report discusses these recess appointments in the context of recess appointment authorities and practices generally, and it provides related statistics
Date: June 11, 2013
Creator: Hogue, Henry B. & Bearden, Maureen
Partner: UNT Libraries Government Documents Department

Final Senate Action on U.S. Circuit and District Court Nominations During a President's Eighth Year in Office

Description: This report, in light of continued Senate interest in the judicial confirmation process during a President's final year in office, provides statistics related to Senate action on U.S. circuit and district court nominations during the eighth year of the George W. Bush, Clinton, and Reagan presidencies. The eighth year of a presidency is significant, in part, because it is the final opportunity for a President to appoint individuals as U.S. circuit and district court judges. Such judges have what effectively has come to mean life tenure, holding office "during good Behaviour."
Date: January 27, 2016
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

Federal Recess Judges

Description: This report discusses the recess clause and takes a look at the history of recess appointments. Under Article II of the Constitution, the President is empowered "to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." Presidents have used the recess appointment power on more than 300 occasions to place judges on the district, appellate, and U.S. Supreme Court level. This practice slowed after the 1950s, but recent recess appointments to federal appellate courts (the Fourth, Fifth, and Eleventh Circuits) have revived a number of constitutional issues.
Date: February 2, 2005
Creator: Fisher, Louis
Partner: UNT Libraries Government Documents Department

The Appointment Process for U.S. Circuit and District Court Nominations: An Overview

Description: This report discusses the process of appointment of U.S. circuit and district court judges through presidential nomination and Senate confirmation. In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution's Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee.
Date: June 17, 2016
Creator: Rutkus, Denis S.
Partner: UNT Libraries Government Documents Department

National Emergency Powers

Description: This report describes Presidents emergency. Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation. Moreover, they are not limited to military or war situations.
Date: May 13, 2004
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

President Clinton’s Vetoes

Description: This report provides a table outlining the bills vetoed by President William Jefferson Clinton's two terms in office. It includes an overview and the bill number, date, title, and override attempts for each veto.
Date: October 7, 2000
Creator: Galemore, Gary L.
Partner: UNT Libraries Government Documents Department

Executive Orders: Issuance and Revocation

Description: Executive orders and proclamations are used extensively by Presidents to achieve policy goals, set uniform standards for managing the Executive Branch, or outline a policy view intended to influence the behavior of private citizens. The Constitution does not define these presidential instruments, and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power, and, if based on appropriate authority, they have the force and effect of law. This report discusses the nature of executive orders and proclamations, with a focus on the scope of presidential authority to execute such instruments and judicial and congressional responses thereto.
Date: March 19, 2001
Creator: Halstead, T.J.
Partner: UNT Libraries Government Documents Department

Sanctuary Jurisdictions: Congressional Action and President Trump's Interior Enforcement Executive Order

Description: This report discusses President Trump's executive order (EO) "Enhancing Public Safety in the Interior of the United States" issued on January 25, 2017, which seeks, among other things, to penalize "sanctuary jurisdictions." The term refers to states and localities that limit their cooperation with federal agencies on immigration law enforcement.
Date: February 15, 2017
Creator: Kandel, William A.
Partner: UNT Libraries Government Documents Department

Presidential Permits for Border Crossing Energy Facilities

Description: This report discusses the executive orders regarding the construction, operation, and maintenance of facilities that cross the U.S.-Mexico or U.S.- Canada border, including the source of the executive branch authority to issue the orders, the standards set forth in the orders, and the projects approved pursuant to the orders.
Date: October 29, 2013
Creator: Vann, Adam & Parfomak, Paul W.
Partner: UNT Libraries Government Documents Department

Executive Order 13438: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq

Description: Report that provides a brief history of the development of presidential powers in peacetime. It discusses some of the issues that might be raised in light of the contrast between the executive order's broad language and its narrow aim. It examines the reach of the executive order and provides legal analyses of some of the constitutional questions raised in the courts by similar sanctions programs.
Date: January 14, 2011
Creator: Murphy, M. Maureen
Partner: UNT Libraries Government Documents Department

What Does the Supreme Court's 4-4 Split in Texas Mean for Future Executive Action as to Immigration?

Description: This legal sidebar discusses the Supreme Court's recent 4-4 split in Texas v. United States and how it might affect the Executive's ability to "go it alone" on immigration in the future. The nominee or presumptive nominee for President of both major political parties has expressed a willingness to take certain actions as to immigration on his or her own, without waiting for Congress to enact further legislation (although the specific actions they would take vary, depending upon their policies on immigration and other issues).
Date: July 25, 2016
Partner: UNT Libraries Government Documents Department

Help Wanted: Supreme Court Holds Vacancies Act Prohibits Nominees from Serving as Acting Officers

Description: This report discusses the Federal Vacancies Reform Act of 1998 and a recent Supreme Court case decision in "NLRB v SW General Inc." related to acting officials filling Presidential nominated positions under the Vacancies Act.
Date: June 28, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

"Smith v. Obama": A Servicemember's Legal Challenge to the Campaign Against the Islamic State

Description: This report discuses the case of "Smith v. Obama" where a military officer sued President Obama for overstepping his bounds as President by waging war on the Islamic State without a Congressional declaration of war. The case was dismissed due to lack of jurisdiction by the court.
Date: December 12, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department