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Executive Orders Issued Pursuant to the First and Second War Powers Acts

TABLE 4-EXECUTIVE ORDERS ISSUED PURSUANT TO THE FIRST AND SECOND WAR POWERS ACTS-Continued

SECOND WAR POWERS ACT (56 STAT. 176; 50 U. S. C., APP. 631–645a)

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9150 Apr. 28

9152 Apr. 29

National Housing Agency authorized to acquire and dispose of property....
Census reports, directions and regulations...........

1151

1151

9157 May 9❘

9178 May 30

Secretary of Commerce to make available records, schedules, reports, returns, etc.......
Helium program of Interior Department, Secretary authorized to acquire and dispose of
property.

1155

1167

9179 June 5 Federal Works Agency, Commissioner of Public Roads authorized to acquire and dispose of property.

1167

9186 June 27

9194 July 7

Federal Works Administrator authorized to acquire and dispose of property.......
Navy Department, acquisition and disposal of real estate, functions transferred to Chief
of Bureau of Yards and Docks.

1171

1178

9211 Aug. 1

Office for Emergency Management, Division of Central Administrative Services author-
ized to acquire and dispose of property.

1190

9217 Aug. 7

9218 Aug. 11

Reconstruction Finance Corporation authorized to acquire and dispose of property...... 1192 Scientific Research and Development, Office of, authorized to acquire and dispose of property.

1192

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9321 Mar. 25 Attorney General suthorized to acquire and dispose of property..

1213

1234

1262

37-998 O-74-4

EXECUTIVE ORDERS:

A Brief History of Their Use and the

President's Power to Issue Them

HUGH C. KEENAN
Legislative Attorney

American Law Division

Revised February 26, 1974

GROVER S. WILLIAMS

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I. Background of the Executive Order.

A. General

From 1789 Presidents have issued orders and directives which in general terms may be termed and described as Executive Orders. The se orders in the early years of the Republic differed extensively as to form and substance from what we know as Executive Orders today.

Essentially, an Executive Order is a written document issued by

the President and titled as such by him or at his direction. The subject matter of each Executive Order must be ascertained from an examination of the order

itself.

The Executive Order in the last fifty years has become a governmental instrument of broad and increasing importance, a fact which has been made particularly obvious since 1933.

Since Executive Orders are directives or actions by the President and when such documents are founded on the authority of the President derived from the United States Constitution or a Federal Statute they have the force and effect of law.

Executive Orders may be repealed or modified by the President issuing them or by a following President even if many years have passed. Executive Orders may be repealed or modified by an act of the Congress or by a decision of the Judiciary. Some Executive Orders become obsolete by the

passage of time, as when it bears an expiration date or when the purpose for which it was issued no longer exists.

Otherwise, an Executive Order once

issued remains in effect until repealed or modified or expires.

There is no law or even an Executive Order which attempts to define the term "Executive Order". In the narrower sense Executive Orders

are written documents denominated as such.

Generally, Executive Orders are directed to, and govern actions
They usually affect private individuals

by Government officials and agencies.

only indirectly.

B. Form

All Presidents beginning with George Washington in 1789 have issued orders which in general terms can be described as Executive Orders.

During the early period of the Republic there was no set form with which such orders were required to comply and consequently such orders varied widely as to form and substance.

Often a President would merely write "approved", "Let it be done", or "I approve the accompanying recommendation and order that it would be effected," or similar words, at the end of a recommendation drawn up by a Cabinet member. Many times such an order was not signed by the President but by a Secretary at the order of the President. In fact, seven of the first 33 Executive Orders in the numbered series were signed by the Secretary of State. An example is Executive Order No. 2 dated April 4, 1865, which offered a reward for the capture and conviction of certain felons and their abettors. Executive Order 113, dated February 8, 1899, which ordered the

flying of the flag at half-mast during the removal of the remains of John A. Rawlins to Arlington National Cemetery, was signed by J. A. Porter who was. a secretary to President McKinley.

Some orders that have been considered Executive Orders have been signed and issued during the absence of both the President and the Vice President. For example, Executive Order 7 was issued and signed by Secretary of State William H. Seward on July 28, 1868. This Executive Order certified CRS-2

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