Scribd
Upload
16 views2 pages

What's The Difference Between Executive Orders, Memoranda, and Proclamations, Legally Speaking?

Executive orders are legally binding mandates issued by the president to federal agencies that direct how they interpret and enforce laws. Memoranda are effectively the same as executive orders but do not have an established process for issuance and publication. Proclamations are generally used for ceremonial purposes and do not carry legal impact, such as designating a "National School Choice Week."

Uploaded by

Roy C. Estenzo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
16 views2 pages

What's The Difference Between Executive Orders, Memoranda, and Proclamations, Legally Speaking?

Executive orders are legally binding mandates issued by the president to federal agencies that direct how they interpret and enforce laws. Memoranda are effectively the same as executive orders but do not have an established process for issuance and publication. Proclamations are generally used for ceremonial purposes and do not carry legal impact, such as designating a "National School Choice Week."

Uploaded by

Roy C. Estenzo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

What's the Difference Between

Executive Orders, Memoranda, and


Proclamations, Legally Speaking?

By Christopher Coble, Esq. on January 30, 2017 11:57 AM

It was a busy first week for President Trump. In its first seven days, the
new administration issued 17 executive orders, memoranda, and
proclamations, taking action on issues from public schools and
pipelines to immigration and national security.

So what do all these presidential actions actually do, and how to they
differ?

Executive Orders

An executive order is an official, legally binding mandate from the


president to federal agencies under the executive branch, advising
them on how to interpret and enforce federal law. Under the
Constitution, presidents have "executive power" to direct the day-to-
day operations of the federal government, and although executive
orders aren't specifically addressed in the document, most agree
that such orders are legal as long "as the president has authority in
the policy area, and those policies are a reasonable interpretation of
court precedent."

But some courts have issued temporary or permanent stays on the


enforcement of certain executive orders. Executive orders are printed
in the Federal Register and consecutively numbered for publication,
and are thought to be a way to keep the public informed of policy
directives.

Memoranda

An executive memorandum is -- effectively -- an executive order. They


also interpret existing legislation and precedent, and advise agencies
on how to act. The only real difference is that there is no established
process for how presidents issue or publish executive memoranda. For
example, memoranda do not have to be submitted to the Federal
Register and may be issued without publication.

Proclamations

Proclamations are largely used for ceremonial purposes and generally


don't carry any legal impact. For example, Trump's first proclamation
was to designate last week as "National School Choice Week," during
which parents should "evaluate the educational opportunities available
for their children," and state and federal lawmakers should work to
"expand school choice for millions of additional students." (The
proclamation was issued on January 26, just two days before the
designated week was over.)

Related Resources:

 What Are Executive Orders? What Are Their Limits? (FindLaw's


Law and Daily Life)
 What Power Does the President Have Over Deportation Policy?
(FindLaw's Law and Daily Life)
 Will Obama's Executive Order on Student Loans Pay Off for
You? (FindLaw's Law and Daily Life)
 Obama's Executive Order on Immigration: 5 Things You Should
Know (FindLaw's Law and Daily Life)

You might also like