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* declares a law and requires obedience, |
* declares a law and requires obedience, |
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* recognizes an event, or |
* recognizes an event, or |
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* triggers the implementation of a law, by recognizing that the circumstances described in the law have been realized.<ref name="cooper1">{{cite book|last1=Cooper|first1=Philip J.|title=By order of the president: the use and abuse of executive direct action|date=2002|publisher=University Press of Kansas|isbn= |
* triggers the implementation of a law, by recognizing that the circumstances described in the law have been realized.<ref name="cooper1">{{cite book|last1=Cooper|first1=Philip J.|title=By order of the president: the use and abuse of executive direct action|date=2002|publisher=University Press of Kansas|isbn=978-0700611805|page=116|edition=1|url=https://books.google.com/books?id=RjQQAQAAMAAJ}}</ref> |
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Proclamations issued by the U.S. President fall into two broad categories: |
Proclamations issued by the U.S. President fall into two broad categories: |
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# "substantive" proclamations, that usually relates to the conduct of foreign affairs and other sworn executive duties. These may be, but are not limited to, matters of international trade, the execution of set export controls, the establishment of tariffs, or the reservation of federal lands for the benefit of the public in some manner.<ref name="OFR101">{{cite web|url=https://www.federalregister.gov/uploads/2011/01/fr_101.pdf|title=Federal Register 101: Presidential Documents|work=Office of the Federal Register|date=2010-04-08|format=PDF|accessdate=2017-09-25}}</ref> |
# "substantive" proclamations, that usually relates to the conduct of foreign affairs and other sworn executive duties. These may be, but are not limited to, matters of international trade, the execution of set export controls, the establishment of tariffs, or the reservation of federal lands for the benefit of the public in some manner.<ref name="OFR101">{{cite web|url=https://www.federalregister.gov/uploads/2011/01/fr_101.pdf|title=Federal Register 101: Presidential Documents|work=Office of the Federal Register|date=2010-04-08|format=PDF|accessdate=2017-09-25}}</ref> |
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Unless authorized by [[United States Congress|Congress]], a [[President of the United States|President]]'s proclamation does not have the force of law. If Congress were to pass an [[Act of Congress|act]] that would take effect upon the happening of a contingent event, and subsequently the President proclaimed that the event happened, then the proclamation would have the force of law.<ref name="cooper2">{{cite journal|last1=Cooper|first1=Phillip J.|title=By Order of the President: Administration by Executive Order and Proclamation|journal=Administration & Society|date=1 August 1986|volume=18|issue=2|pages=233–262| |
Unless authorized by [[United States Congress|Congress]], a [[President of the United States|President]]'s proclamation does not have the force of law. If Congress were to pass an [[Act of Congress|act]] that would take effect upon the happening of a contingent event, and subsequently the President proclaimed that the event happened, then the proclamation would have the force of law.<ref name="cooper2">{{cite journal|last1=Cooper|first1=Phillip J.|title=By Order of the President: Administration by Executive Order and Proclamation|journal=Administration & Society|date=1 August 1986|volume=18|issue=2|pages=233–262|doi=10.1177/009539978601800205}}</ref> |
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Presidential proclamations are often dismissed as a practical tool for policy making because they are considered to be largely ceremonial or symbolic in nature.<ref name="cooper2"/> The administrative weight of these proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers". Their issuances have on occasion led to important political and historical consequences in the development of the United States. [[George Washington]]'s [[Proclamation of Neutrality]] in 1793 and Lincoln's [[Emancipation Proclamation]] in 1863 are some of America's most famous presidential proclamations in this regard.<ref name="UofHproject">{{cite web|url=http://www.polsci.uh.edu/database/aboutproc.asp|title=Presidential Proclamations Project|work=University of Houston, Department of Political Science|accessdate=2010-11-12|deadurl=yes|archiveurl=https://web.archive.org/web/20100625230638/http://www.polsci.uh.edu/database/aboutproc.asp|archivedate=2010-06-25|df=}}</ref> The legal weight of presidential proclamations suggests their importance to presidential governance.<ref>[http://www.polsci.uh.edu/database/aboutproc.asp Presidential Proclamations Project] {{webarchive|url=https://web.archive.org/web/20100625230638/http://www.polsci.uh.edu/database/aboutproc.asp |date=2010-06-25 }}, University of Houston, Political Science Dept., Retrieved 2009-12-07</ref> |
Presidential proclamations are often dismissed as a practical tool for policy making because they are considered to be largely ceremonial or symbolic in nature.<ref name="cooper2"/> The administrative weight of these proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers". Their issuances have on occasion led to important political and historical consequences in the development of the United States. [[George Washington]]'s [[Proclamation of Neutrality]] in 1793 and Lincoln's [[Emancipation Proclamation]] in 1863 are some of America's most famous presidential proclamations in this regard.<ref name="UofHproject">{{cite web|url=http://www.polsci.uh.edu/database/aboutproc.asp|title=Presidential Proclamations Project|work=University of Houston, Department of Political Science|accessdate=2010-11-12|deadurl=yes|archiveurl=https://web.archive.org/web/20100625230638/http://www.polsci.uh.edu/database/aboutproc.asp|archivedate=2010-06-25|df=}}</ref> The legal weight of presidential proclamations suggests their importance to presidential governance.<ref>[http://www.polsci.uh.edu/database/aboutproc.asp Presidential Proclamations Project] {{webarchive|url=https://web.archive.org/web/20100625230638/http://www.polsci.uh.edu/database/aboutproc.asp |date=2010-06-25 }}, University of Houston, Political Science Dept., Retrieved 2009-12-07</ref> |
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Other more recent policy-based proclamations have also made a substantial impact on economic and [[domestic policy]], including [[Bill Clinton]]'s declaration of [[federal lands]] for [[National Monument (United States)|national monument]]s and [[George W. Bush]]'s declaration of the areas affected by [[Hurricane Katrina]] as disaster areas. |
Other more recent policy-based proclamations have also made a substantial impact on economic and [[domestic policy]], including [[Bill Clinton]]'s declaration of [[federal lands]] for [[National Monument (United States)|national monument]]s and [[George W. Bush]]'s declaration of the areas affected by [[Hurricane Katrina]] as disaster areas. |
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Proclamations are also used, often contentiously, to grant presidential [[pardon]]s. Recent notable pardon proclamations are [[Gerald Ford]]'s pardon of former President [[Richard Nixon]] (1974),<ref>{{cite web |last=Ford |first=Gerald |date=1974-09-08 |url=http://narademo.umiacs.umd.edu/cgi-bin/isadg/viewitem.pl?item=100775 |title=Presidential Proclamation 4311 by President Gerald R. Ford granting a pardon to Richard M. Nixon |work=Pardon images |publisher=University of Maryland |accessdate= |deadurl=yes |archiveurl=https://web.archive.org/web/20071011231200/http://narademo.umiacs.umd.edu/cgi-bin/isadg/viewitem.pl?item=100775 |archivedate=2007-10-11 |df= }}</ref> [[Jimmy Carter]]'s pardon of [[Vietnam War]] draft evaders (1977)<ref>{{cite web|url = http://www.usdoj.gov/pardon/carter_proclamation.htm |title = Proclamation 4483}} By the President of the United States of America, ''A Proclamation Granting Pardon for Violations of the Selective Service Act, 4 August 1964 To 28 March 1973.'' 21 January 1977.</ref> and [[George W. Bush]]'s clemency of [[Scooter Libby|Lewis "Scooter" Libby's]] prison sentence (2007).<ref name="Proc8159">[[s:Proclamation 8159|Proclamation 8159]] - ''Grant of Executive Clemency'', 2007-07-02, ''Office of the Federal Register'', Vol. 72, No. 129, {{USFedReg|72|37095}}</ref> |
Proclamations are also used, often contentiously, to grant presidential [[pardon]]s. Recent notable pardon proclamations are [[Gerald Ford]]'s pardon of former President [[Richard Nixon]] (1974),<ref>{{cite web |last=Ford |first=Gerald |date=1974-09-08 |url=http://narademo.umiacs.umd.edu/cgi-bin/isadg/viewitem.pl?item=100775 |title=Presidential Proclamation 4311 by President Gerald R. Ford granting a pardon to Richard M. Nixon |work=Pardon images |publisher=University of Maryland |accessdate= |deadurl=yes |archiveurl=https://web.archive.org/web/20071011231200/http://narademo.umiacs.umd.edu/cgi-bin/isadg/viewitem.pl?item=100775 |archivedate=2007-10-11 |df= }}</ref> [[Jimmy Carter]]'s pardon of [[Vietnam War]] draft evaders (1977)<ref>{{cite web|url = http://www.usdoj.gov/pardon/carter_proclamation.htm |title = Proclamation 4483|date = 2015-01-12}} By the President of the United States of America, ''A Proclamation Granting Pardon for Violations of the Selective Service Act, 4 August 1964 To 28 March 1973.'' 21 January 1977.</ref> and [[George W. Bush]]'s clemency of [[Scooter Libby|Lewis "Scooter" Libby's]] prison sentence (2007).<ref name="Proc8159">[[s:Proclamation 8159|Proclamation 8159]] - ''Grant of Executive Clemency'', 2007-07-02, ''Office of the Federal Register'', Vol. 72, No. 129, {{USFedReg|72|37095}}</ref> |
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Although less significant in terms of [[public policy]], proclamations are also used ceremonially by presidents to honor a group or situation or to call attention to certain issues or events. For instance, President [[George H. W. Bush]] issued a proclamation to honor veterans of [[World War II]] and [[Ronald Reagan]] called attention to the health of the nation's eyes by proclaiming a "Save Your Vision Week" and Proclamation 5497 recognizing "National Theatre Week". |
Although less significant in terms of [[public policy]], proclamations are also used ceremonially by presidents to honor a group or situation or to call attention to certain issues or events. For instance, President [[George H. W. Bush]] issued a proclamation to honor veterans of [[World War II]] and [[Ronald Reagan]] called attention to the health of the nation's eyes by proclaiming a "Save Your Vision Week" and Proclamation 5497 recognizing "National Theatre Week". |
Apresidential proclamation is a statement issued by a President on an issue of public policy, and is a kind of presidential directive. A presidential proclamation is an instrument that,
Proclamations issued by the U.S. President fall into two broad categories:
Unless authorized by Congress, a President's proclamation does not have the force of law. If Congress were to pass an act that would take effect upon the happening of a contingent event, and subsequently the President proclaimed that the event happened, then the proclamation would have the force of law.[3]
Presidential proclamations are often dismissed as a practical tool for policy making because they are considered to be largely ceremonial or symbolic in nature.[3] The administrative weight of these proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers". Their issuances have on occasion led to important political and historical consequences in the development of the United States. George Washington's Proclamation of Neutrality in 1793 and Lincoln's Emancipation Proclamation in 1863 are some of America's most famous presidential proclamations in this regard.[4] The legal weight of presidential proclamations suggests their importance to presidential governance.[5]
Other more recent policy-based proclamations have also made a substantial impact on economic and domestic policy, including Bill Clinton's declaration of federal lands for national monuments and George W. Bush's declaration of the areas affected by Hurricane Katrina as disaster areas.
Proclamations are also used, often contentiously, to grant presidential pardons. Recent notable pardon proclamations are Gerald Ford's pardon of former President Richard Nixon (1974),[6] Jimmy Carter's pardon of Vietnam War draft evaders (1977)[7] and George W. Bush's clemency of Lewis "Scooter" Libby's prison sentence (2007).[8]
Although less significant in terms of public policy, proclamations are also used ceremonially by presidents to honor a group or situation or to call attention to certain issues or events. For instance, President George H. W. Bush issued a proclamation to honor veterans of World War II and Ronald Reagan called attention to the health of the nation's eyes by proclaiming a "Save Your Vision Week" and Proclamation 5497 recognizing "National Theatre Week".
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