Legislation and Interagency Homeland Security Planning

 

 

The Office of the President of the United States (POTUS) is ultimately responsible for ensuring the country maintains the highest possible levels of homeland security. Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments — each led by an appointed member of the President’s Cabinet — carry out the day-to-day administration of the federal government. They are joined in this by other executive agencies such as the CIA and Environmental Protection Agency, the heads of which are not part of the Cabinet, but who are under the full authority of the President. This includes planning for and enacting legislation designed to contend with natural and man-made disasters, and other threats to the homeland.
Congress proposes and approves most of this legislation; however, there are times when the President may deem it necessary to undertake unilateral legislative actions in the form of executive orders or presidential directives. These decisions can be contentious ones, given the nature of democracy; however, these are long-standing and legal authorities granted to the Office of the President.
For this assignment, we will examine a case study in which POTUS exercised his authority to act unilaterally, via executive order, with the intention of enhancing homeland security.
Executive Orders on Protecting the Homeland
Case Assignment
Your Task:
The president’s action is not unique. From immigration policy to international agreements, he has made repeated maneuvers around normal constitutional constraints on executive power.
1. Briefly explain the differences between presidential directives and executive orders (presidential unilateralism). How would you chart the benefits of the president’s action toward the private citizen?
2. Locate and discuss an executive order issued by the President that directly impacted homeland security. This should include the specific executive order, its stated directives, and how it impacted homeland security, either positively, negatively, or, both.

Sample Solution

Differences Between Presidential Directives and Executive Orders:

Both presidential directives and executive orders are instruments used by the President of the United States to direct the executive branch without requiring Congressional approval. However, they have some key distinctions:

Executive Orders:

  • Have the force of law, meaning that all executive agencies and government officials must comply with them.
  • Typically address broad policy issues or establish new agencies or programs.
  • Are numbered consecutively and published in the Federal Register for public notice.
  • Can be challenged in court, but the burden of proof is on the party challenging the order.

Presidential Directives:

  • Are internal instructions to the executive branch that do not have the force of law.
  • Are used to implement existing laws or policies.
  • Are not published in the Federal Register and are not subject to judicial review.
  • Can be revoked or modified by subsequent presidential directives.

Benefits for Private Citizens:

The President’s unilateral action through executive orders and directives can offer several potential benefits for private citizens, including:

  • Swift Action: Bypassing Congress can lead to quicker implementation of policies deemed necessary for immediate national security concerns.
  • Flexibility: Executive orders can be tailored to address specific situations without requiring lengthy legislative processes.
  • Consistency: Directives can ensure consistent implementation of policies across different agencies within the executive branch.
  • Accountability: The President can be held directly accountable for the effectiveness of executive orders, unlike with legislation which may involve multiple parties.

However, these benefits come with important caveats:

  • Overreach: Executive power can be abused and exceed constitutional boundaries, potentially infringing on individual rights and liberties.
  • Lack of Transparency: Directives are not publicly accessible, raising concerns about accountability and democratic oversight.
  • Limited Scope: Executive orders cannot create new laws or spending programs, only implement existing ones.
  • Short-Term Impact: Directives can be easily revoked by subsequent presidents, leading to instability and unpredictability in policy.

2. Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States:

This executive order, signed by President Donald Trump on January 27, 2017, implemented several measures aimed at restricting immigration from seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The stated objectives were to enhance national security and prevent the entry of foreign terrorists into the United States.

Impact on Homeland Security:

The order had a significant impact on homeland security, both positive and negative:

Positive:

  • Increased vetting procedures for immigrants from the designated countries.
  • Improved information sharing between government agencies involved in national security.
  • Enhanced border security measures to prevent illegal immigration.

Negative:

  • Caused widespread confusion and chaos at airports and immigration ports.
  • Led to protests and legal challenges, raising concerns about religious discrimination.
  • Damaged relationships with some foreign allies, impacting diplomatic cooperation.

The order’s effectiveness in preventing terrorism remains debatable, with conflicting data and ongoing legal challenges. However, it undeniably altered the landscape of immigration and homeland security in the United States.

Conclusion:

Presidential directives and executive orders offer a powerful tool for the President to address pressing national security concerns, but their use raises important questions about the balance of power and potential for abuse. Examining specific cases, like Executive Order 13769, allows for a deeper understanding of the potential benefits and drawbacks of unilateral action in homeland security. It is crucial to weigh the potential for swift and efficient action against the risks of overreach and infringement on individual rights. Ultimately, ensuring a secure nation requires a careful consideration of the tools available to the President and a commitment to transparency, accountability, and respect for the rule of law.

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