Abortions at Military Hospitals," Memorandum
es, interpretations, letters on tariffs and interna-
for the Secretary of Defense, in Weekly Compilation
tional trade, military orders, national security
of Presidential Documents, January 22, 1993,
action memoranda, national security council
http://www.pub.whitehouse.gov/uri-.../oma.eop.
papers, national security decision directives,
gov.us/ 1993/1/26/1.text1.
national security decision memoranda, national
security directives, national security reviews,
43. William Jefferson Clinton, "We Must Free
national security study memoranda, presidential
Science and Medicine from the Grasp of Politics,"
announcements, presidential decision directives,
Remarks by the President during Signing of
presidential directives, presidential findings, pres-
Presidential Memoranda, in Weekly Compilation of
idential reorganization plans, presidential review
Presidential Documents, January 22, 1993, http://
directives, presidential review memoranda,
www.pub.whitehouse.gov/uri-.../oma.eop.
proclamations, and regulations. See Harold C.
gov.us/1993/1/25/1.text.1.
Relyea, Presidential Directives: Background and
Review (Washington: Congressional Research
44. William Jefferson Clinton, "AID Family
Service, 1998), table of contents. Several of those
Planning Grants/Mexico City Policy," Memoran-
forms of directive have not been used extensively.
dum for the Acting Administrator of the Agency
Ibid., pp. CRS-4, CRS-6, CRS-7.
for International Development, in Weekly Compila-
This study follows Congressional Research
tion of Presidential Documents, January 22, 1993,
Service practice and refers to such instruments as
http://www.pub.whitehouse.gov/uri-.../oma.
"presidential directives."
eop.gov.us/1993/1/25/3.text.1.
34. President Abraham Lincoln issued the first
45. William Jefferson Clinton, "Importation of RU-
presidential directive to be formally designated an
486," Memorandum for the Secretary of Health
"executive order." That October 20, 1862, order
and Human Services, in Weekly Compilation of
established federal courts in parts of Louisiana
Presidential Documents, January 22, 1993, http://
held by federal troops. Senate Special Committee
www.pub.whitehouse.gov/uri-.../oma.eop.gov.us/
on National Emergencies and Delegated
1993/1/26/2.text.1.
Emergency Powers, Executive Orders in Times of War
and National Emergency, 93rd Cong., 2d sess., 1974,
46. William Jefferson Clinton, "Gun Dealer
Committee Print, p. 2.
Licensing," Memorandum for the Secretary of the
Treasury, in Weekly Compilation of Presidential
35. See, for example, Federalist 48 (Madison), stu-
Documents, August 11, 1993, http://www. pub.
dent ed. (Dubuque, Iowa: Kendell-Hunt Publishing,
whitehouse.gov/uri-.../oma.eop.gov.us/1993/
1990), p. 256.
8/11/4.text.1.
36. See M. J. C. Vile, Constitutionalism and the
47. Senate Special Committee on National Emer-
Separation of Powers, 2d ed. (Indianapolis, Ind.:
gencies, Executive Orders in Times of War, p. 6.
Liberty Fund, 1998) for perhaps the most com-
prehensive treatment of this fundamental consti-
48. Most Supreme Court cases involving presi-
tutional doctrine.
dential directives address the substantive effect of
the directive; rarely do the cases reach the legality
37. John Locke, "An Essay concerning the True
or constitutionality of the issuance of the direc-
Original Extent and End of Civil Government"
tive itself. Ibid., p. 36.
(1690), chap. 18, sec. 199, in John Locke, Two
Treatises of Government, (Cambridge: Cambridge
49. Korematsu v. United States, 343 U.S. 214, 248
University Press, 1997), p. 398. Emphasis in the
(1944) (Jackson, J. dissenting).
original.
50. Armstrong v. United States, 80 U.S. 154, 156
38. John Contrubis, Report for Congress: Executive
(1871).
Orders and Proclamations, Congressional Research
Service, 1995, p. CRS-1. However, a bill pending in
51. "An act to provide for calling forth the Militia
Congress, HR 2655, would establish a statutory
to execute the laws of the Union, suppress insur-
definition. See discussion on HR 2655 later in this
rections, and repel invasions." 1 Stat. 26465. The
paper.
president could call out the militia of a state to
suppress insurrections by "combinations too
39. 49 Stat. 501.
powerful to be suppressed by the ordinary course
of judicial proceedings." Ibid.
40. Senate Special Committee on National
Emergencies, Executive Orders in Times of War, p. 5.
52. The president's power "to call forth and
employ such members of the militia of any other
41. Ibid., p. 3.
State or States . . . as may be necessary" was avail-
able only "if the Legislature of the United States
42. William Jefferson Clinton, "Privately Funded
24