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Executive Orders—A Bibliographical Note

Published online by Cambridge University Press:  02 September 2013

Everett S. Brown
Affiliation:
University of Michigan

Extract

Sharp criticism by Chief Justice Hughes and Associate Justice Brandeis of the Supreme Court, in the Eastern Texas oil case, of the haphazard manner in which executive and administrative orders having the force of law are distributed attracted public attention to a much-needed reform which has been advocated at intervals by political scientists. Lack of definite information concerning the issuance of these orders, combined with their rapidly increasing number and importance under the codes of fair competition, are factors in the growing demand that they be published in some definite and available form.

If one consults the Catalogue of Public Documents, under the subject “executive orders,” one finds the following: “See notes, entries, and lists of references under President of the United States. Executive orders—also subjects of orders.”

Type
Research Article
Copyright
Copyright © American Political Science Association 1935

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References

1 71st Congress, 1929–1931 (Washington, Government Printing Office, 1934), p. 903Google Scholar.

2 Ibid., pp. 2107–2108. A comprehensive compilation of Codes of Fair Competition is now being issued by the National Recovery Administration, giving texts of codes, executive and administrative orders, and proclamations relating to the codes.

3 Public Affairs Information Service, October 6, 1934, p. 15Google Scholar. The list was prepared by W. C. Gilbert.

4 P. 874.

5 Vol. 18, pp. 181–200.

6 P. 197.

7 P. 200.

8 (Baltimore, 1925), pp. 315–321.

9 (Washington, 1934).

10 Pp. 260–261. See also pp. 88–89, 259.

11 Vol. 48, pp. 198–215.

12 Pp. 214–215.

13 On January 31, 1935, Representative Celler of New York introduced a bill (H.R. 5154) “to provide for the custody of Federal proclamations, orders, regulations, notices, and other documents, and for the prompt and uniform printing and distribution thereof” (Congressional Record, January 31, 1935, p. 1385Google Scholar). While in general the provisions of this bill follow the suggestions proposed in the articles above cited, they differ from them in charging the Archivist of the United States, acting through a division created by him in the National Archives Establishment, with the custody, and together with the Public Printer, with the printing and distribution, of the documents required or authorized to be printed. All such documents are to be printed and distributed by the Government Printing Office in a serial publication designated the “Federal Register,” to be distributed daily except Sundays, Mondays, and days following legal holidays. Documents to be published shall include presidential proclamations and executive orders and such other documents as may be required to be published by act of Congress or by executive order issued pursuant to the provisions of this bill. In no case shall comments or news items be authorized to be published. The bill establishes a permanent Administrative Committee of three members consisting of the Archivist, an officer of the Department of Justice designated by the Attorney-General, and the Public Printer. This committee shall prescribe, with the approval of the President, regulations for carrying out the provisions of the act. The legal effect of the publication of these documents is stipulated in the bill.

A copy of the text of the bill was kindly supplied to the writer by Mr. Celler. The bill was approved on February 13 by a House judiciary subcommittee (N. Y. Times, Feb. 14).