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Executive order


United States presidents issue executive orders to help officers and agencies of the executive branch manage operations within the federal government itself. Executive orders have the full force of law when they take authority from a legislative power which grants its power directly to the Executive by the Constitution, or are made pursuant to Acts of Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation).

Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes.

There is no constitutional provision or statute that explicitly permits executive orders. The term executive power in Article II, Section 1, Clause 1 of the Constitution refers to the office of President as the executive. They are instructed therein by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5 or risk impeachment and "conviction of, treason, bribery, or other high crimes and misdemeanors" per Article II, Section V. Most executive orders use these as the Constitutional basis allowing for their issuance to be justified as part of the President's sworn duties, the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being removal from office.


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