It’s that time to review the Executive actions President Trump has taken. This is the follow-up for the post The First 11 Days and just as a reminder here are the differences between the 3 types of Executive Action:

  1. Presidential Proclamation – This is an act to make state matters published or known and does not have the force of law until congress has authorized it with an act.
  2. Presidential Memorandum – An executive action issued by the President to manage and govern the actions, practices, and policies of departments under the executive branch.
  3.  Executive Order – a rule or order issued by the president to an executive branch of the government and having the force of law.

Proclamations (1)

  • February 2, 2017: February as American Heart Month
    • Establishes the month of February as a heart disease awareness month and establishes February 3rd as National Wear Red Day.(On a side note, February is Black History Month as well)*

Memorandums (1)

  • February 3, 2017: Presidential Memorandum on Fiduciary Duty Rule
    • This memorandum has multiple parts to it, I will break them down by sections. For further breakdown please click on the link to the White House document for this memorandum.
      • Section 1. Directs the Department of Labor to review the Fiduciary Duty Rule and determine whether the rule adversely affects American ability to gain access to retirement information and financial advice.
      • Section 2: General Provisions, these are on pretty much every executive action and provides the legal boundaries for this action.
        • Verbatim:
          • (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

            (i) the authority granted by law to an executive department or agency, or the head thereof; or

            (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

            (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

            (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

            (d) You are hereby authorized and directed to publish this memorandum in the Federal Register.

Executive Orders (5)

  • February 9, 2017: Providing an Order of Succession Within the Department of Justice
    • Multiple Sections and sites that the President has the authority to make these changes based on the Constitution and the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq.
      • Section 1: Provides an order of succession for when the office of Attorney General should the current AG were to die, resign, or otherwise be unable to continue the role. In the interim of selecting a new AG the US Attorney for the Eastern District of Virginia would be first in line, with Northern District of Illinois being second and Western District of Missouri being third.
      • Section 2: Provides exceptions that the person in the role must meet eligibility and the President still retains discretion to depart from this order and designate an acting AG.
      • Section 3: Revocation of Executive order 13762 of January 13, 2017
      • Section 4: General Provision
        • Verbatim:
          •  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
  • February 9, 2017: Executive Order on Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking
    • This is to ensure Federal law enforcement is given high priority and be provided sufficient resources to identify, interdict, disrupt, and dismantle transnational criminal organizations including the investigation, apprehension, and prosecution of members from these organizations.
    • Enhance cooperation with foreign counterparts.
    • Develop strategies with Secretary of State, The Attorney General, and the Secretary of Homeland Security.
    • Includes immigration and Visa fraud measures from such organizations
    • Provides guidance on implementation
  • February 9, 2017: Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers
    • Provides policy that the executive branch is to enforce all Federal Laws to increase protection and safety of officers.
    • Develop strategies led by the Department of Justice to enhance protection and safety for officers.
    • Provides guidance on implementation
  •  February 9, 2017: Task Force on Crime Reduction and Public Safety
    • Lays out that it is policy of the executive branch to reduce crime in America. Intended on reducing violent crimes that many communities are suffering at high rates. (This is the order the media was looking for facts and data to support the President’s claim but the administration did not provide any)
    • Requires a commitment to enforcing law and developing policies that address illegal immigration, drug trafficking, and violent crime. (This was a campaign promise by President Trump)
    • Sec. 2: Makes the Attorney General the administrative support for the Task Force
      • The Task Force Shall (Verbatim):
        • (i)    exchange information and ideas among its members that will be useful in developing strategies to reduce crime, including, in particular, illegal immigration, drug trafficking, and violent crime;

          (ii)   based on that exchange of information and ideas, develop strategies to reduce crime;

          (iii)  identify deficiencies in existing laws that have made them less effective in reducing crime and propose new legislation that could be enacted to improve public safety and reduce crime;

          (iv)   evaluate the availability and adequacy of crime-related data and identify measures that could improve data collection in a manner that will aid in the understanding of crime trends and in the reduction of crime; and

          (v)    conduct any other studies and develop any other recommendations as directed by the Attorney General.

      • The task force will meet as required by the AG and will be dissolved once it has accomplished the objectives set fourth in the order and as determined by the AG.
  • February 3, 2017: Core Principles for Regulating the United States Financial System
    • Sec. 1 lays out the policy of Trump’s administration on regulation of the financial system, names them Core Principles:
      • Verbatim:
        • (a) empower Americans to make independent financial decisions and informed choices in the marketplace, save for retirement, and build individual wealth;(b) prevent taxpayer-funded bailouts;

          (c) foster economic growth and vibrant financial markets through more rigorous regulatory impact analysis that addresses systemic risk and market failures, such as moral hazard and information asymmetry;

          (d) enable American companies to be competitive with foreign firms in domestic and foreign markets;

          (e) advance American interests in international financial regulatory negotiations and meetings;

          (f) make regulation efficient, effective, and appropriately tailored; and

          (g) restore public accountability within Federal financial regulatory agencies and rationalize the Federal financial regulatory framework.

    • Sec. 2 is a directive to the Secretary of Treasury that the SoT will consult with heads of member agencies of the Financial Stability Oversight Council and will report within 120 days of the order and periodically after that.
      • The report will be on how the following promote the Core Principles:
        • Existing Laws
        • Treaties
        • Regulations
        • Guidance
        • Reporting and Record keeping Requirements
        • Other Government Policies
    • Sec. 3 is the General Provisions

Total Number of Executive Actions over 10 days (7) – Total Number since January 20, 2017 (26)

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Knowledge is Power, we are the people of this great nation – it is on us to change it if we do not agree with what a government is doing. The Constitution provides us with all of the power and tools needed. Ensure you know what is going on so that action isn’t taken after those freedoms have been removed.

* Edit (February 10,2017:22:20MST) – Per American Heart Association New February was originally proclaimed National Heart Month in 1964 by President Lyndon B. Johnson. This line was adjusted to read more appropriately from saying: (On a side note, February was already Black History Month) to (On a side note, February is Black History Month as well)