and for the prompt and uniform printing and distribution of them. Primary duty for custody was placed in the Archivist of the United States, and the Public Printer with the Archivist is required to undertake prompt and uniform printing and the distribution of Executive Orders and other documents. Executive Orders are now printed in the Federal Register and in bound volumes of Title 3 of the Code of Federal Regulations (an annual publication). The first Executive Order to be published in the Federal Register was Executive Order 7316 dated March 14, 1936, which concerned a bird refuge in South Carolina. The text of Executive Orders from Executive Order 7316 appear in bound volumes of Title 3 of the Code of Federal Regulations as follows: 1936-1938, Executive Orders 7316-7905; (2) 1938-1943, Executive Orders 7906-9347; (3) 1943-1948, Executive Orders 9348-10025; (4) 19491953, Executive Orders 10026-10510; (5) 1954-1958, Executive Orders 1051110797; (6) 1959-1963, Executive Orders 10798-11134; (7) 1964-1965, Executive Orders 11135--11263; and (8) 1966-1970, Executive Orders 11264-11574. Executive Orders after Executive Order 11574 appear in temporary volumes of Title 3 of the Code of Federal Regulations as well as daily issues of the Federal Register. There is no up-to-date revision of Executive Orders, as distinguished from codification and we know of no effort that is being made to present a codification clear of orders which for one reason or another are not in force and effect today. For example, a person who is interested in ascertaining whether a specific Executive Order of 1930 is still of application is obliged to trace that order through all subsequent compilations. There is no one comprehensive table or digest to which to turn, to learn quickly and conveniently if that Executive Order still has the force of law. There is no overall index or digest of Executive Orders. The Works Projects Administration Historical Records Survey published in 1944 a two-volume list of index of Executive Orders in the numbered series, running up to Executive Order 8030, December 29, 1938. It is entitled, Presidential Executive Orders. In 1943 the New Jersey Historical Records Survey of the Works Project Administration published its List and Index of Presidential Executive Orders covering the known unnumbered list of Executive Orders from 1789 to 1941. Neither of these publications give the texts or complete summaries of the orders. Pursuant to the authority contained in the Federal Register Act a new weekly publication entitled "Weekly Compilation of Presidential Documents" was inaugurated in July 1965. Volume 1 of the publication is dated Monday, August 2, 1965 for the week ending Friday, July 30, 1965. This publication also publishes the texts of Executive Orders. The first Executive Order ap pearing in this publication is Executive Order 11236 dated July 23, 1965 and released July 26, 1965. It established the President's Commission on Law Enforcement and Administration of Justice. F. Authorities Cited in Executive Orders. Virtually all Executive Orders cite some authority upon which they are issued. Some rely exclusively upon the general powers of the President, some cite specific Federal statutes, while a few of a transitory and noncontroversial nature fail to cite any authority. An example of orders which have not cited any authority is Executive Order 10671, dated June 26, 1956, which. directs that United States flags be flown at half-mast in honor of the late, Adm. Ernest J. King. A very large number of Executive Orders cite only broad grants of authority such as, "By virtue of the authority vested in me by the Constitution and laws of the United States, and as President of the United States." Some orders simply state, "By virtue of the authority vested in me as President of the United States." Forms such as these appear to be used when there is no express statutory authority, or when express statutory authority may exists but it is desired to use a catch-all expression. In a few cases the Charter of the United Nations has been given as authority. Executive Order 10422 is an example. It was issued by President Truman on Jan. 3, 1953 to prescribe procedures for making available to the Secretary General of the United Nations certain information concerning United States citizens employed or being considered for employment on the Secretariat of the United Nations. Many Executive Orders cite both general powers and specific statu tory authority as authority for their issuance. G. Classified Executive Orders. Throughout the years there have been various Executive Orders issued that were classified at the time of issuance and not made public. An example is Executive Order 22451/2, issued on September 14, 1915. It is thought that most such orders have been later declassified, usually years after the event, and made accessible to the public. Thus President Roosevelt issued Executive Order 9153-A on April 30, 1942. This order was declassified on June 27, 1946, and its text is found in the 1946, Supplement to the Code of Federal Regulations. Executive Order 9153-A withdrew certain public lands in Alaska for the use of the War Department for military purposes. Since an Executive Order is an act of the President himself, the President makes the final decision as to classification, though a recommendation as to classification is made by the agency where the suggestion and draft of the Executive Order is originated. The President may declassify an Executive Order or authorize declassification by someone else. For example, Executive Order 9153-A had its confidential status released by a letter of the Secretary of War dated June 27, 1946. The order itself had stated that it should "not be made public in any other manner except upon prior authorization by the Secretary of War." Other examples of classified Executive Orders are Executive Order 10026-A dated January 5, 1949; Executive Order 10369-A dated July 1, 1952; and Executive Order 10571-A, dated Octover 26, 1954. These three classified Executive Orders were uncovered in a limited survey by the House Committee on Government Operations in 1957 and are listed on page 40 of its Committee Print entitled, Executive Orders and Proclamations, 1957. Original copies of all unclassified Executive Orders are now kept at the National Archives, but of the three confidential orders mentioned above the original of Executive Order 10026-A is in the custody of the Department of State, that of Executive Order 10369-A is in the White House files, and that of Executive Order 10571-A is kept by the Department of Defense. It would appear that confidential Executive Orders issued now would be governed by Executive Order 11652 of March 8, 1972 which prescribes regulations for the classification of public documents. II. Legal Basis for Executive Orders. A. Constitution Under the Constitution of the United States, the President is vested with the Executive power of the Government (Article II, Section 1 Clause 1). He is granted the power to preserve, protect and defend the Constitution of the United States of America (Article II, Section 1, Clause 8). He is made the Commander-in-Chief of the Army and Navy of the United States (Article II, Section 2, Clause 1). He is granted the power to see that the laws are faithfully executed (Article II, Section 3). From these powers is implied the authority to issue Executive Orders. B. Federal Statutes. There is no law or even Executive Order which attempts to define the term "Executive Order." The statutes which specifically relate to Executive Orders are concerned primarily with matters of publication, notice, and evidence. The growth in use of Executive Orders and agency regulations in the early day of the "New Deal Era" gave a tremendous impetus to the movement for having a central publication of Presidential and agency-made law. President Roosevelt had issued 674 Executive Orders in the 15 months immediately following March 4, 1933. In one instance, even the United States Government itself had to ask the Supreme Court to dismiss an appeal by the Government based on a regulation which no longer existed. This chaos helped to bring about the passage of the Federal Register Act (44 U. S. C. 1501, et. seq.) This Act requires the publication of specified documents in a serial publication (including Executive Orders) designated the "Federal Register". Publication of the daily issues began on March 14, 1936. There are numerous provisions in the United States Code which grant the President power to issue Executive Orders under a specific act or |