"Can a limited government conservative be happy with the results of Trump’s executive actions after questioning and criticizing President Obama’s use of the pen for eight years? That is the central question that seems to be being asked on social media over the whirlwind first three full days of the Trump presidency. The answer is like all things complicated. In order to arrive at an answer, however, some facts are needed.
Some of the questions conservatives should be asking include: Are all executive actions similar? What is the difference between a presidential memorandum and an “executive order?” Where does Trump’s use of executive orders stand historically? What sorts of executive orders should be troubling?
First, not all executive actions are similar. There are three types of presidential actions: executive orders, presidential memoranda, and proclamations. Each of these accomplishes a different thing.
According to a Congressional Research Service report, “executive orders and proclamations are directives of actions by the President. When they are founded on the authority of the President derived from Constitution or statute, they may have the force and effect of law.” It is important to note that executive orders should not create law. Instead, orders are often used to direct how government agencies are to run under a particular president, and must be published in the Federal Register.
The other major avenue for presidential action is the presidential memorandum. In the general sense, these memoranda direct government agencies on their operations to ensure that certain objectives of the president are carried out. Think of it as the memo your boss sends you outlining your quarterly objectives. These memoranda do not get published in the Federal Register, although most administrations have published them on WhiteHouse.gov since the advent of the internet."
(Excerpt) Read more at conservativereview.com ...
