Cynic wrote:I am confused though over the differentiation between Executive orders, Executive actions, presidential memorandums.
The legality of any of these, I accept because of precedence in US history. I just want to know the difference and the areas where these things actually work.
Okay, the basic structure of the Federal Government is as follows (heavily simplified):
Congress passes laws
President executes laws
Courts evaluate laws
The President's main powers are:
1) Commander in Chief
2) makes treaties
3) appoints superior officers (high level positions) and judges
4) "he shall take Care that the Laws be faithfully executed"
The President is in charge of the Executive branch of the government, which includes most federal agencies. His job includes being their boss, and making sure they do all the stuff that Congress passed as laws.
So when Congress creates the ATF and gives it a certain amount of discretion in how it regulates and monitors Alcohol, Tobacco, and Firearms, that discretion ultimately rests in the President.
So the President can issue Executive Orders that have the full force of law, as they fall either under the discretionary power vested in him by the Congress, or directly under his Executive power in the constitution.
Executive actions refers more generally to "stuff the Executive Branch does" and can include administrative orders and directives.
Presidential Memoranda are just the President saying stuff, usually directed internally at the government (public statements are Presidential Proclamations, typically, such as the Emancipation Proclamation). These can be required by a statute or can be just because he feels like it, but they typically don't have the legal force of something like an Executive Order.