Executive Orders


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Executive Orders

In addition to treaties, which are ratified by the US Senate and signed by the US President, there were also Acts of Congress, Executive Orders, and Agreements which dealt with land agreements.

The U.S. military and representatives of a tribe, or sub unit of a tribe, signed documents which were understood at the time to be treaties, rather than armistices, ceasefires and truces.

Treaty-making between various Native American governments and the United States officially concluded on March 3, 1871 with the passing of the United States Code Title 25, Chapter 3, Subchapter 1, Section 71 (25 U.S.C. § 71). Pre-existing treaties were grandfathered, and further agreements were made under domestic law.

How Executive Orders Work

Executive orders are orders 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, 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.

The United States Constitution does not have a provision that explicitly permits the use of executive orders. The term executive power in Article II, Section 1, Clause 1 of the Constitution is not entirely clear.

The term is mentioned as direction to "take Care that the Laws be faithfully executed" and is part of Article II, Section 3, Clause 5. The consequence of failing to comply possibly being removal from office.

The U.S. Supreme Court has held that all executive orders from the President of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch.

Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.

Attempts to block such orders have been successful at times when such orders exceeded the authority of the president or could be better handled through legislation.

The Office of the Federal Register is responsible for assigning the executive order a sequential number after receipt of the signed original from the White House and printing the text of the executive order in the daily Federal Register and Title 3 of the Code of Federal Regulations.

Administrative Orders

Other types of orders issued by "the Executive" are generally classified simply as administrative orders rather than executive orders. These are typically the following:

Presidential proclamation
Presidential memorandum
Presidential determination
Presidential notice

Presidential Directives

Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the executive branch of government.

Executive Orders

Executive orders are simply presidential directives issued to agents of the executive department by its boss.

Until the early 1900s, executive orders went mostly unannounced and undocumented, seen only by the agencies to which they were directed.

This changed when the Department of State instituted a numbering scheme in 1907, starting retroactively with United States Executive Order 1 issued on October 20, 1862, by President Abraham Lincoln.

The documents that later came to be known as "executive orders" apparently gained their name from this order issued by Lincoln, which was captioned "Executive Order Establishing a Provisional Court in Louisiana."

Congress has the power to overturn an executive order by passing legislation that invalidates it. Congress can also refuse to provide funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms.

In the case of the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order.

Executive Orders Sometimes Referred to as Treaties:

Year
Date
Alternative Treaty Name
Statutes
Land Cession Reference (Royce Area)
Tribe(s)

1870
January 31

N/A
527, 528
San Pasqual and Pala Valley Mission Indians

1870
March 30

N/A

Round Valley Indian Reservation

1870
April 12

N/A
620, 621
Arikara, Gros Ventre, and Mandan

1870
April 12

N/A
529
Arikara, Gros Ventre, and Mandan

1871
March 14

N/A
537
Paiute, Snake, Shoshoni

1871
March 27

N/A
534
Osage

1871
November 9

N/A
531
Southern Apache

1871
November 9

N/A
573, 603
Apache

1871
November 9

N/A
541
Apache

1871
November 9

N/A
582
Apache

1872
April 9

N/A
533
Methow, Okanagan, et al.

1872
July 2

N/A
533, 536
Methow, Okanaga, et al.

1872
September 12

N/A
537, 638, 646
Paiute, Snake, and Shoshoni

1872
October 26

N/A

Makah

1872
December 14

N/A
541, 600
Apache

1872
December 14

N/A

Apache

1873
January 2

N/A

Makah

1873
January 9

N/A
607
Tule River, King's River, Owen's River, et al.

1873
March 1

N/A
337
Lac Courte Oreille Band of Chippewa

1873
April 8

N/A
576
Paiute, et al.

1873
April 8

N/A
583
Round Valley Indian Reservation

1873
May 29

N/A
643, 644
Mescalero Apache

1873
June 16

N/A
545
Nez Perce

1873
July 5

N/A
565, 574
Blackfoot, Gros Ventre, et al.

1873
August 5

N/A
546
Apache

1873
September 6

N/A
405
Niskwali, et al.

1873
September 9

N/A
349
Dwamish, et al.

1873
October 3

N/A
547, 607
Tule river, King's river, Owen's river, et al.

1873
October 21

N/A
548
Makah

1873
November 4

N/A
549
Mississippi Chippewa

1873
November 4

N/A
550
Mississippi Chippewa

1873
November 4

N/A
372, 551
Quinaielt, Quillehute, et al.

1873
November 8

N/A
552, 553
Coeur d'Alene, et al.

1873
November 22

N/A
554
Colorado River Indian Reservation

1873
November 22

N/A
555
Dwamish, et al.

1873
December 10

N/A
563
Jicarilla Apache

1873
December 23

N/A
351
Dwamish, et al.

1873
December 31

N/A

Santee Sioux

1874
January 31

N/A
557
Crow

1874
February 2

N/A
643
Mescalero Apache

1874
February 12

N/A
558, 576
Paiute, et al.

1874
February 14

N/A

Odawa and Ojibwe in Michigan

1874
February 25

N/A
559
Skokomish (S'klallam)

1874
March 19

N/A
560
Paiute

1874
March 23

N/A
561, 562
Paiute

1874
March 25

N/A
563
Apache (Jicarilla bands)

1874
April 9

N/A
564
Muckleshoot Indian Reservation

1874
April 9

N/A
588
Apache

1874
May 26

N/A
567, 568
Pillager Chippewa

1874
July 21

N/A
573
Apache

1874
August 19

N/A
574
Gros Ventre, Piegan, Blood, Blackfoot, River Crow

1874
November 16

N/A
466, 554, 593

1874
November 24

N/A
531
Southern Apache

1875
January 11

N/A
614
Sioux

1875
February 12

N/A
575
Shoshone, Bannock, Sheepeater

1875
March 16

N/A
581
Sioux

1875
March 25

N/A
557
Crow (Judith Basin Indian Reservation)

1875
April 13

N/A
622, 623
Gros Ventre, Piegan, Blood, Blackfoot, River Crow

1875
April 23

N/A
582
Apache

1875
May 15

N/A
589, 646
Paiute and Shoshoni

1875
May 18

N/A
583
Round Valley Indian Reservation

1875
May 20

N/A
614
Sioux

1875
June 10

N/A
545
Nez Perce

1875
June 23

N/A
584
Sioux

1875
July 3

N/A
577
Paiute

1875
October 20

N/A

Mescalero Apache

1875
October 20

N/A
585
Crow

1875
November 22

N/A
586
Ute

1875
December 21

N/A
587, 588
Southern Apache

1875
December 27

N/A

Missin Indians (Portrero [Rincon, Gapich, LaJolla], Cahuila, Capitan Grande, Santa Ysabel [Mesa Grande], Pala, Agua Caliente, Sycuan, Inaja, Cosmit)

Year
Date
Alternative Treaty Name
Statutes
Land Cession Reference (Royce Area)
Tribe(s)

1880
January 6

N/A
615
Navajo

1880
January 17

N/A

Mission Indians (Agua Caliente Indian Reservation, Santa Ysabel Indian Reservation)

1880
March 6

N/A
618
Nez Perce (Moses' Band)

1880
June 8

N/A

Havasupai

1880
July 13

N/A
620, 621
Arikara, Gros Ventre, and Mandan

1880
July 13

N/A
622, 623
Gros Ventre, Piegan, Blood, Blackfoot, and River Crow

1880
July 13

N/A
613
Sioux (Drifting Goose's Band)

1880
July 23

N/A

Malheur Indian Reservation

1880
September 21

N/A
624
Jicarilla Apache

1880
November 23

N/A

Havasupai

1891
October 16

N/A
400, 461
Hupa et al.

1892
June 17

N/A
716
Fort Berthold Indian Reservation

1892
November 21

N/A
655
Navajo

1892
November 21

N/A
719
Red Lake Band of Chippewa

1892
November 28

N/A

Yakima

1893
April 12

N/A

Osette Indians

1893
September 11

N/A

Hoh River Indians

Memorandums:

Year
Date
Alternative Treaty Name
Statutes
Land Cession Reference (Royce Area)
Tribe(s)

1871
December

N/A

Methow, Okanagan, Kootenay, Pend d'Oreille, Colville, North Spokane, San Poeil et al.

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