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.
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:
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:
However, these benefits come with important caveats:
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:
Negative:
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.