미국 대통령 행정명령의 구조와 효력에 관한 연구

A President of the United States has some tools to realize his agenda which he proposed during an election campaign. He can ask the Congress to make statutes or order federal departments or agencies to make regulations. He can also give the executive branch an instruction to implement his policies through a presidential executive order. Executive orders have a legal effect when they are based on statutes which the Congress passed. Some statutes are cited in the preamble of an executive order when the Congress provides a president the authorization to make a rule or a regulation. When it is not clear that the congress gives an authorization, it is argued that there is an implicit authorization. In Youngstown Sheet case, the U.S. Supreme Court found that the more authority the Congress gave to a President, the stronger the President’s rulemaking power became. Although executive orders are made for various purposes, the foreign relation and national security are the field in which executive order is widely used. The U.S. President, Donald Trump had made executive orders to secure border between the U.S and Mexico or to impose economic sanctions on North Korea. In Korea there is no equivalent instrument for executive orders. presidential decree has a legal effect only when a statute delegate an authority to the presidential decree. An Emergency Order can be issues in the case of a national crisis and it should be approved by the Congress.