Executive orders are official documents, numbered consecutively, through which the President of the United States manages the operations of the Federal Government. Wikipedia states:
"Although there is no Constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1 of the Constitution."
| SINE DIE - Lat. The final adjournment of a legislative session; Adjournment without a day for reconvening; literally "adjournment without a day." |
This vague power was utilized, without objection, to recall congress to convene under "Directive / Proclamation" of the president. The problem was that the original congress had ended
Sine Die when 7 southern states walked out of congress, leaving it without a quorum.
"In law, a quorum is the minimum number of members of a deliberative body necessary to conduct the business of that group." - wikipedia
A brief summary of presidential directives, executive orders, and congressionaly approved bills that where signed into law over the last 40ish years.
And no, this isn't a bunch of conspiracy nonsense. They are simply facts. |
When the seven southern states walked out, leaving the Union, there was no longer the minimum number of members of the governmental body (as required for a quorum) for the government to act under the original constitution. Therefore, what might be thought of as the first Executive Order was issues on April 15, 1861 wherein the "President Convened Congress by
Proclamation" - initiating war powers and calling up the militia.
Proclamation Calling Militia
and Convening Congress
April 15, 1861 BY THE PRESIDENT OF THE UNITED STATES
A PROCLAMATION.
Whereas the laws of the United States have been for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law,
Now therefore, I, Abraham Lincoln, President of the United States,
in virtue of the power in me vested by the Constitution, and the laws, have thought fit
to call forth, and hereby
do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed. The details, for this object, will be immediately communicated to the State
authorities through the War Department.
I appeal to all loyal citizens to favor, facilitate and aid this effort to maintain the honor, the integrity, and the existence of our National Union, and the perpetuity of popular government; and to redress wrongs already long enough endured.
I deem it proper to say that the
first service assigned to the forces hereby called forth will probably be to re-possess the forts, places, and property which have been seized from the Union; and in every event, the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with, property, or any disturbance of peaceful citizens in any part of the country. And I hereby command the persons composing the combinations aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date.
Deeming that the present condition of public affairs presents an extraordinary occasion,
I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress. Senators and Representatives are therefore summoned to assemble at their respective chambers, at 12 o'clock, noon, on Thursday, the fourth day of July, next, then and there to consider and determine, such measures, as, in their wisdom, the public safety, and interest may seem to demand.
In Witness Whereof I have hereunto set my hand, and caused the Seal of the United States to be affixed. Done at the city of Washington this fifteenth day of April in the year of our Lord One thousand, Eight hundred and Sixtyone, and of the Independence the United States the Eightyfifth.
By the President: ABRAHAM LINCOLN
WILLIAM H. SEWARD, Secretary of State.
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