미국 대통령의 행정명령에 관한 연구 - 행정명령이 대통령의 입법권한 행사에 미치는 시사점을 중심으로 -

Presidents have historically utilized various written instruments to implement policy and direct the executive branch. Executive actions play an extremely important role in the President’s ability to enforce the laws of the United States, but have also become more controversial as Presidents continue to use the instruments more frequently. These include executive orders, presidential memoranda, presidential proclamations, executive agreements, national security directives and signing statements. The most common executive action is an  executive order. Analysis of executive orders must begin with Article II of the Unites States Constitution, which states that “the executive power shall be vested in a President of the United States.” The President can draw on three sources to issue an executive orders. The first is the Constitution itself. The second source of authority is from the legislative branch. Congress may grant the President or an executive agency the limited power to make rules on certain topics. The third source for executive actions is the President’s inherent authority, which necessarily derives from an position or status. In short, authorization for executive orders must be either direct or implied in an act of Congress or the Constitution. And an executive order has the full force and effect of a law enacted by the legislature. Several factors make executive orders attractive policy-making tools for a President. First is speed. President can achieve far faster by issuing an executive order. Second is flexibility. Executive orders have the force of law. A President can alter any executive order by issuing another executive order. Finally, executive orders allow the President not only to evade congressional opposition, but also to preempt potential or growing opposition, to reduce its ability to formulate a powerful opposing position. Under our Constitution, the President does not have executive authority like a executive orders of a President of United States. This paper suggest that there could be necessary for the government to introduce executive orders of a President because there is some advantages for these orders to enforce policy and carry out administrative responsibility in a national crisis or positive administration demand.