(Title 3 also contains some regulatory language published by the Executive Office of the President regarding topics such as standards of conduct for White House employees, but this portion of Title 3 is relatively small compared to the compilation of the previous years executive orders and proclamations.
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Title 3 of the Code of Federal Regulations contains all executive orders and proclamations published annually. The charts below examine trends related to the quantity and content of executive orders and proclamations for the past six presidential terms by examining Title 3 of the Code of Federal Regulations. In fact, while the figures below show that Obama’s first term hardly stands out from other presidents with regard to the number of words published in executive orders and proclamations, both the Obama years and the Clinton years stand out for the restrictiveness of the text they produced, as measured by restrictions per 1,000 words. In particular, we examine the usage of restrictions-words that create binding, legal obligations, such as “shall” and “must.” Although the current administration has issued fewer executive orders than other modern administrations, the figures below show that its total usage of restrictions in executive orders and proclamations exceeds that of any of the past six administrations, with the exception of Clinton’s first term. While other analysts have examined the number of executive orders issued by different administrations, we have used RegData, a database producing statistics based on the Code of Federal Regulations, to examine some of the content of these executive orders and proclamations for the past six presidencies, through the end of Obama’s first term. To say that one president issued more executive orders than another, tells us little about the scope of those orders or the impact they have on policy.” Others are more routine, housekeeping issues. Some are quite forceful, making dramatic changes to policy.
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As John Hudak of the Brookings Institution pointed out, “not all executive orders are created equal. Bush’s only term.īut an analysis of the number of executive orders is incomplete. Bush term, 200 in the first Bill Clinton term, and 166 for George H. In his first term, for example, President Obama issued 147 executive orders, compared to 173 in the first George W.
In response, some analysts pointed out that the number of executive orders issued by presidents has been declining over the 20th century and that President Obama has issued fewer executive orders than many other modern presidents. The current administration has highlighted its own willingness to use executive orders and all other “existing legal authorities” to implement desired policies, first in this year’s State of the Union Address and later in press briefings. These actions reflect one way that American presidents formally wield executive branch authority: by issuing executive orders and proclamations. The Department of Labor finalized a rule implementing the president’s directive in early October. President Obama recently ordered executive branch agencies to pay a minimum wage of $10.10 per hour to federal contractors and subcontractors.
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