# When Is a Presidential Order Not a Presidential Order?

**URL:** <https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626>\
**Category:** Politics & Elections\
**Created:** [January 18, 2013, 4:55pm UTC](https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626 "2013-01-18T16:55:41Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [January 18, 2013, 4:55pm UTC](https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626/1 "2013-01-18T16:55:41Z")

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Q. When Is a Presidential Order Not a Presidential Order? A. When it has no force in law?

If you take a look at the official [Presidential Actions](http://www.whitehouse.gov/briefing-room/presidential-actions) page at [Whitehouse.gov](http://Whitehouse.gov) to look up the 23 [paging Jim Carrey] famed “presidential orders” of Jan. 16 a funny thing happens. 20 of them aren’t there.\*

It’s a conspiracy, I tells ya!

It turns out that Presidential Actions are sorted into three categories: Presidential Memoranda, Presidential Proclamations, and Executive Orders. Obama hasn’t issued an Executive Order since Dec. 21. He did issue a Presidential Proclamation on Jan. 16, a salute to Religious Freedom Day.

So what are the rest of those tyrannical, fascist power grabs? Apparently, they are of even less force than boilerplate pieties.

[New York](http://nymag.com/daily/intelligencer/2013/01/obama-23-executive-orders-actions-gun-control.html) magazine discovered this discrepency.

> [@](#):
>
> Contrary to what you may have heard today — from Bloomberg News, Huffington Post, Salon, and a million other places — President Obama did not sign 23 executive orders at his gun-control event this afternoon. What he did was initiate 23 “executive actions.” An executive action is a vague term that can refer to anything done by the executive (the president). Some of the items on the White House’s list of 23 “executive actions” — such as “Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health” and “Nominate an ATF director” — are more like personal priorities.
> 
> President Obama, in fact, didn’t actually sign any executive orders today. He did issue three “presidential memoranda,” which, respectively:
> 
> - direct federal law enforcement to trace all guns taken in federal custody in the course of a criminal investigation
> - direct the Department of Justice to ensure that all applicable information from federal agencies is made available for background checks
> - and direct the Department of Health to “conduct or sponsor research into the causes of gun violence and the ways to prevent it.”

From what they go on to say, even some courts use presidential memoranda and executive orders interchangeably.

But the 20 other Presidential Actions are mere pro forma good-saying. They have no more legal meaning - perhaps less - than the President telling his cabinet to go out do their jobs.

For the purposes of internet garble-blarge, calling them all presidential orders makes little difference. Until you get to the fascist tyranny bit. I admit I didn’t know the differences in what were issued until I read this article. But it’s now out there. How often do you think even major news outlets will start issuing fact checks and educating the public on what Presidents can and can’t do - and what this president in fact did and didn’t do?

\*In a shocking mistake that will find some Representatives calling for impeachment, one memorandum is listed twice. This continued incompetence at the highest levels cannot be tolerated indefinitely!

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [January 18, 2013, 8:19pm UTC](https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626/2 "2013-01-18T20:19:17Z")

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> [@Exapno\_Mapcase](#):
>
> How often do you think even major news outlets will start issuing fact checks and educating the public on what Presidents can and can’t do - and what this president in fact did and didn’t do?

We’re not gonna have a lot of juicy newsertainment if they start doing that.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [January 18, 2013, 8:42pm UTC](https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626/3 "2013-01-18T20:42:53Z")

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> [@TriPolar](#):
>
> We’re not gonna have a lot of juicy newsertainment if they start doing that.

I know. But most news organizations are as fond of pedantic nitpicking as we are. And this one has an actual point. I learned something, dammit: now everybody else has to.

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**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\
**Post date:** [January 18, 2013, 9:30pm UTC](https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626/4 "2013-01-18T21:30:02Z")

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> [@TriPolar](#):
>
> We’re not gonna have a lot of juicy newsertainment if they start doing that.

Oh, I dunno… Opposition apoplexy always has a certain amount of it.

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [January 19, 2013, 1:54am UTC](https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626/5 "2013-01-19T01:54:56Z")

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> [@Exapno\_Mapcase](#):
>
> From what they go on to say, even some courts use presidential memoranda and executive orders interchangeably.

Fine, just so long as they don’t confuse [clips with magazines.](http://boards.straightdope.com/sdmb/showthread.php?t=679257)

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**Author:** ![TonySinclair](https://avatars.discourse-cdn.com/v4/letter/t/49beb7/32.png) [@TonySinclair](https://boards.straightdope.com/u/TonySinclair)\
**Post date:** [January 21, 2013, 4:37am UTC](https://boards.straightdope.com/t/when-is-a-presidential-order-not-a-presidential-order/647626/6 "2013-01-21T04:37:55Z")

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> [@Exapno\_Mapcase](#):
>
> So what are the rest of those tyrannical, fascist power grabs? Apparently, they are of even less force than boilerplate pieties.

I’m sure you are mistaken. I watched Hannity’s analysis of Obama’s actions the same evening, and the huge headline under the entire segment was, “COMING FOR YOUR GUNS!”
