Obama Lies to Jake Tapper About His Ability to Reschedule Marijuana

[Cerridwen]

39. "[EO]...implements or interprets a federal statute, a constitutional provision, or a treaty."

Executive Order

A presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty.

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Most executive orders are issued under specific statutory authority from Congress and have the force and effect of law. Such executive orders usually impose sanctions, determine legal rights, limit agency discretion, and require immediate compliance. Federal courts consider such orders to be the equivalent of federal statutes. In addition, regulations that are enacted to carry out these executive orders have the status of law as long as they reasonably relate to the statutory authority. An administrative action that is carried out under a valid executive order is similar to an agency action that is carried out under a federal statute. In each case, the agency's authority to enact rules and to issue orders comes from Congress.

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Executive orders have been used to influence issues in hundreds of areas. War-related activities are among the most frequently addressed. For example, in September 1939, President franklin d. roosevelt prescribed regulations governing the enforcement of the neutrality of the United States "in the war then being fought between Germany and France; Poland; and the United Kingdom, India, Australia, and New Zealand" (Exec. Order No. 8,233, 4 Fed. Reg. 3,822). By February 1942, the United States had joined World War II, and Roosevelt had ordered the confinement of Japanese-Americans to internment camps following the bombing of Pearl Harbor in January 1941 (Exec. Order No. 9,066, 7 Fed. Reg. 1,407). In March 1947, following the war, President Harry S. Truman established loyalty review boards to discharge civilian government employees who had been disloyal during the war (Exec. Order No. 9835, 3 C.F.R. 627 (1943–1948), revoked by Exec. Order No. 10,450, 3 C.F.R. 936 (1949–1953). In January 1977, following the Vietnam War, President jimmy carter directed the U.S. attorney general to cease investigating and indicting Vietnam War draft evaders (Exec. Order No. 11,967, 42 Fed. Reg. 4,393). In December 1995, President bill clinton ordered the U.S. reserve armed forces into active duty to augment the active armed forces' operations in and around the former Yugoslavia (Bosnia) (Exec. Order No. 12,982, 60 Fed. Reg. 63,895).

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A search of the archives of EOs having to do with EOs and treaties:

A couple of those EOs having to do with treaties:

Executive Order 11177--Providing for certain arrangements under the Columbia River Treaty

Executive Order 12215--Delegation of Panama Canal functions

There is also this EO from President Clinton, Implementation of Human Rights Treaties (PDF warning).

They also carry the weight of law from one administration to the next unless, of course, the next administration issues an EO (or Presidential Directive) to remove the previous EO (or PD).

MEMORANDUM FOR THE COUNSEL COUNSEL TO THE PRESIDENT

You have asked our opinion whether there is any substantive legal difference between an executive order and a presidential directive. As this Office has consistently advised, it is our opinion that there is no substantive difference in the legal effectiveness of an executive order and a presidential directive that is not styled as an executive order. We are further of the opinion that a presidential directive would not automatically lapse upon a change of administration; as with an executive order, unless otherwise specified, a presidential directive would remain effective until subsequent presidential action is taken.

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Moreover, as with an executive order, a presidential directive would not lose its legal effectiveness upon a change of administration. Rather, in our view, because a presidential directive issues from the Office of the Chief Executive, it would remain in force, unless otherwise specified, pending any future presidential action. Cf. Memorandum for Michael J. Egan, Associate Attorney General, from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, Re: Proposed Amendments to 28 CFR 16, Subpart B (Apr. 21, 1977) (raising possible concerns about a proposal to delegate to the Deputy Attorney General certain authorities to invoke executive privilege because such a delegation could potentially be inconsistent with a 1969 Memorandum from President Nixon on executive privilege). Indeed, Presidents have frequently used written forms other than executive orders to take actions that were intended to have effect during a subsequent administration. For example, delegations of presidential authority under 3 U.S.C. § 301 have been made pursuant to presidential memoranda. (1) See also, e.g., Establishing a Federal Energy Management Program, 3 Pub. Papers Gerald R. Ford 1015 (Nov. 4, 1976) (including a directive to be carried out for FY 1977).

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(all bolded added for emphasis)

Yes, EOs can be used to interpret treaties. Check case law rather than statutes without the interpretation of their impact as determined by case law and Solicitors' Opinions.

As already noted upthread: "it's never as simple as people think."