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The Appointing and Removal Power of the President of the United States: A Treatise on the Subject of the Appointing and Removal Power of the President of the United States.
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From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. 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 the 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 twentieth-century Presidents. It also presents background on the historical development, accounting, use, and effect of such directives.
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From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. 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 the 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 twentieth-century Presidents. It also presents background on the historical development, accounting, use, and effect of such directives.
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The Appointing and Removal Power of the President of the United States: A Treatise on the Subject of the Appointing and Removal Power of the President of the United States.
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This hands-on, self-coaching program helps aspiring leaders develop their skills, understand themselves, and realize their dreams.
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During the 110th Congress, the House of Representatives, the Senate, and the George W. Bush Administration have defined terms like congressional earmark, congressionally directed spending item, and earmark, and have provided some direction for how congressionally originated earmarks, according to these definitions, are to be handled. This report focuses on Bush Administration policy regarding earmarks originated by Congress and related issues. Specific definitions for the term earmark (and related terms, like congressional earmark, presidential earmark, and others) vary considerably and are controversial. Nevertheless, all of the terms relate to the use of discretion to allocate particularized benefits to one or more specific purposes, entities, or geographic areas. Some earmarks have the force of law, and others do not. Practices like earmarking have been used for decades, if not centuries, to make decisions regarding the allocation of public resources, but concerns also have been expressed. At the same time, Congress, its Members, and Presidents have asserted the prerogatives of their constitutional and statutory authorities and pursued their budget policy preferences. In January 2008, the President announced he would veto future appropriations bills that did not cut the number and funding of Administration-identified earmarks by half, relative to FY2008. The President also issued Executive Order (E.O.) 13457, which directed that agencies "should not" fund non-statutory earmarks, except under some conditions. These are the latest in a series of developments that began in January 2007, when the President proposed that Congress should (1) cut the number and funding of congressionally originated earmarks by at least half for FY2008 appropriations, relative to FY2005, and (2) place them only in statutory text, not report language. In January 2007, the Administration issued its own definition of earmark, whose language (and perhaps meaning) evolved over time in Office of Management and Budget (OMB) memoranda. A final definition appears to have been established in E.O. 13457, but its meaning probably is informed by the evolution and contents of previously articulated definitions. Later, OMB established an "Earmarks" website, containing a database of Administration-identified earmarks, to track congressional action. Potential related issues for Congress involve, generally, roles and responsibilities for Congress, the President, agencies, and the public in the U.S. political system; defining, identifying, and overseeing earmarks; the executive order; the "Earmarks" website and database; and potential representational consequences. This report emphasizes analysis of E.O. 13457. For a legal analysis of E.O. 13457, see CRS Report RL34373, Earmarks Executive Order: Legal Issues, by Thomas J. Nicola and T.J. Halstead. This report will be updated as events warrant.
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Executive power --- Executive power --- Executive power --- Presidents
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During the 110th Congress, the House of Representatives, the Senate, and the George W. Bush Administration have defined terms like congressional earmark, congressionally directed spending item, and earmark, and have provided some direction for how congressionally originated earmarks, according to these definitions, are to be handled. This report focuses on Bush Administration policy regarding earmarks originated by Congress and related issues. Specific definitions for the term earmark (and related terms, like congressional earmark, presidential earmark, and others) vary considerably and are controversial. Nevertheless, all of the terms relate to the use of discretion to allocate particularized benefits to one or more specific purposes, entities, or geographic areas. Some earmarks have the force of law, and others do not. Practices like earmarking have been used for decades, if not centuries, to make decisions regarding the allocation of public resources, but concerns also have been expressed. At the same time, Congress, its Members, and Presidents have asserted the prerogatives of their constitutional and statutory authorities and pursued their budget policy preferences. In January 2008, the President announced he would veto future appropriations bills that did not cut the number and funding of Administration-identified earmarks by half, relative to FY2008. The President also issued Executive Order (E.O.) 13457, which directed that agencies "should not" fund non-statutory earmarks, except under some conditions. These are the latest in a series of developments that began in January 2007, when the President proposed that Congress should (1) cut the number and funding of congressionally originated earmarks by at least half for FY2008 appropriations, relative to FY2005, and (2) place them only in statutory text, not report language. In January 2007, the Administration issued its own definition of earmark, whose language (and perhaps meaning) evolved over time in Office of Management and Budget (OMB) memoranda. A final definition appears to have been established in E.O. 13457, but its meaning probably is informed by the evolution and contents of previously articulated definitions. Later, OMB established an "Earmarks" website, containing a database of Administration-identified earmarks, to track congressional action. Potential related issues for Congress involve, generally, roles and responsibilities for Congress, the President, agencies, and the public in the U.S. political system; defining, identifying, and overseeing earmarks; the executive order; the "Earmarks" website and database; and potential representational consequences. This report emphasizes analysis of E.O. 13457. For a legal analysis of E.O. 13457, see CRS Report RL34373, Earmarks Executive Order: Legal Issues, by Thomas J. Nicola and T.J. Halstead. This report will be updated as events warrant.
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