What Is An Executive Order?
Executive orders are issued by United States Presidents and directed towards officers and agencies of the Federal government of the United States. Executive orders have the full force of law when based on the authority derived from statute or the Constitution itself. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power (delegated legislation).
Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution. Major policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes.
History of White House Executive Orders for Historically Black Colleges and Universities
In 1980, President Jimmy Carter signed Executive Order 12232, which established a federal program “… to overcome the effects of discriminatory treatment and to strengthen and expand the capacity of historically black colleges and universities to provide quality education.”
In 1981, President Reagan, under Executive Order 12320, established the White House Initiative on Historically Black Colleges and Universities, which expanded the previous program and set into motion a government wide effort to strengthen our nation’s HBCUs. In 1989, President George Bush signed Executive Order 12677. This executive order established a Presidential Advisory Board on Historically Black Colleges and Universities to advise the president and the secretary of education on methods, programs, and strategies to strengthen these valued institutions.
In 1993, President William Jefferson Clinton signed Executive Order 12876. This executive order required for a senior level executive in each agency have oversight in implementing the order, and that the Office of Management and Budget be involved in monitoring implementation of the order.
On Feb. 12, 2002, President George W. Bush signed Executive Order 13256. This executive order transferred the White House Initiative on Historically Black Colleges and Universities to the Office of the Secretary within the U.S. Department of Education. Previously, the White House Initiative was housed in the Department’s Office of Postsecondary Education.
President Barack Obama issued Executive Order 13532 on February 26, 2010. Most notably, the Order established an Executive Director to serve as Executive Director of both the White House Initiative on Historically Black Colleges and Universities and the President’s Advisory Board on HBCUs.
The HBCU Community awaits an executive order on HBCUs from the Trump Administration. Below please find a comparison chart highlighting key distinctions within the executive orders issued by Presidents James Carter to Barack Obama.
2. Rebecca M. Patton, MSN, RN, CNOR, FAAN; Margarete L. Zalon, PhD, RN, ACNS-BC, FAAN; Ruth Ludwick, PhD, RN-BC, CNS, FAAN (13 November 2014). Nurses Making Policy: From Bedside to Boardroom. Springer Publishing Company. p. 94. ISBN 978-0-8261-9892-1.
3. U.S. Department of Education:
HBCU Executive Orders