Executive Publications

Professor Lisa Smith-ButlerAdvanced Legal Research

Fall 2014

Presidential Power Source

• The President’s power is derived from Art. 2, Sec. 2, U.S. Const. (1789.)

• According to this, the President is empowered to:– act as the commander in chief of the army, navy and militias of the

states;– require written opinions from officers in Executive departments and

oversee the activities of federal agencies;– grant reprieves and pardons for offenses against the United States;– make treaties with the advice and consent of the Senate;– nominate and appoint ambassadors, public ministers and consuls, and

justices of the Supreme Court and lower courts;– enforce existing law; and– sign Congressional legislation into law or veto it.

Presidential Documents

• To carry out these responsibilities, the President:– issues orders to administrative agencies;– signs legislation;– signs treaties; and – creates other documents of legal significance.

• Consequently the “President issues executive orders, proclamations, and other documents of legal effect.”

• See Robert C. Berring and Elizabeth A. Edinger, Administrative and Executive Publications in Finding the Law (12th ed.; Eagan, MN: Thomson-West 2005.)

Types of Presidential Documents

• Presidents issue:– Proclamations– Executive Orders– Reorganization Plans– Messages to Congress– Executive Agreements

Where Can We Find These Presidential Documents?

Presidential Proclamations

• Proclamations are initially published in the Federal Register and become effective as soon as published.

• Proclamations are published annually in Title 3 of the Code of Federal Regulations.

• Proclamations from 1846 onwards are also published in the Statutes at Large.

• Presidential Proclamations are also commercially published in West’s United States Code Congressional & Administrative News and in Lexis’ USCS Advance.

The White House

The Federal Register

The Code of Federal Regulations

Daily Compilation of Presidential Documents on FDsys

Public Papers of the President

Bloomberg BNA

Casemaker

Lexis Advance

WestlawNext

Executive Orders

• As a general rule, Executive Orders are issued to government agencies and officials. They are published:– initially in the Federal Register, and they are effective when they

appear in this publication;– in Title 3 of the Code of Federal Regulations on an annual basis;– in the United States Code Congressional Administrative News;– in the United States Code Service Advance;– in Public Papers of the President; and– in the Daily Compilation of Presidential Documents which

recently became available only in electronic format. The new format is now known as the Compilation of Presidential Documents.

Executive Orders

• Executive Orders are issued by Presidents to “direct and govern the activities of government officials and agencies.”

• See Steve Barkan, Presidential Documents, in Fundamentals of Legal Research (9th ed.; New York: Foundation Press 2009) p. 248.

Where Can I Find an Executive Order?

• Federal Register in FDsys• Code of Federal Regulations in FDsys• Daily Compilation of Presidential Documents

in Fdsys• Bloomberg BNA for the FR & CFR• Casemaker for the FR & CFR• Lexis Advance• WestlawNext

Federal Register, Code of Federal Regulations, Compilation & Public Papers on FDsys

Code of Federal Regulations & Executive Orders Published in Title 3

Executive Orders in the Daily Compilation of Presidential Documents

Executive Orders in Public Papers of the President

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An Index to Documents Rather than Full Text Access?

Bloomberg BNA

Casemaker

Lexis Advance

WestlawNext

Re-Organization Plans

• If the President decides to reorganize, abolish or transfer responsibilities of an administrative agency, s/he issues a reorganization plan that must be approved by Congress to take effect.

Re-Organization Plans

• After approval by Congress, reorganization plans are published:– initially in the Federal Register which is when they

take effect;– annually in Title 3 of the Code of Federal

Regulations;– in the Statutes at Large;– in the United States Code Congressional

Administrative News; & – in Title 5 of the United States Code.

Messages to Congress

• The President communicates with Congress in both formal and informal settings. Formal settings include the veto of a particular piece of legislation, the State of the Union, nominations for posts, or the Budget.

• Presidential messages to Congress are often published and indexed in the Congressional Record as well as House and Senate Journals.

• Today, these messages are generally available at the White House site at http://www.whitehouse.gov/

Executive Agreements

• While the President makes treaties with foreign nations, treaties require the Advice and Consent of the Senate.

• Unlike treaties, Executive Agreements can be made by the President with foreign countries without the advice and consent of the Senate.

Where Else Can I Find Presidential Documents?

• Besides the White House site, is there a compilation of presidential documents, such as proclamations, executive orders, executive agreements, or reorganizations?

• If so, where can this be found?

Public Papers of the Presidents (Print)

• This print series starts in the late 1920s with President Hoover’s administration and ceases publication in the late 1980s with President Reagan’s administration.

• It contains the news conferences, public letters, public speeches as well as addresses to Congress.

• It is indexed by year; however, each president’s administration receives a cumulative index.

Public Papers of the Presidents (Electronic)

• The Office of the Federal Register and the Presidential Libraries have worked together to archive, in electronic format, the public papers of the Presidents Reagan, Bush, Clinton, Bush, and Obama.

• This site also hyperlinks to the Public Papers of the President on the FDsys site.

Compilation of Presidential Documents

• The Office of the Federal Register began publishing the Compilation of Presidential Documents in 1965. The electronic version began with President Clinton and is archived at the GPO Access site.

• It includes:– Nominations;– Announcements;– Proclamations & Executive Orders;– Speeches;– Press Releases; &– Other legally significant documents.

Archived Presidential Web Sites

• The White House web sites of President George H.W. Bush & President William J. Clinton are now archived at their presidential library sites, maintained by the National Archives of Records & Administration site.

NARA: Presidential Libraries

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Governors?

• In addition to locating legal documents of the U.S. President, governors of the 50 states also issue proclamations, orders, and draft other documents that have legal significance.

• Where can these documents be found?

Check Out the National Governors Association or Washlaw

National Governors Association

Washlaw

National Governors Association

Washlaw

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South Carolina: Governor

Questions? Stop by the Reference Desk

• reference@charlestonlaw.edu• 843.377.4020• Library, Room 120