(a) In addition to authority otherwise granted by the Constitution or statute, the President is authorized to issue Executive Orders reasonably necessary to carry into execution:

(1) the constitutional powers of the Presidency;

(2) the administration and supervision of the Executive Branch;

(3) the faithful execution of the laws;

(4) the preservation of public order, governmental continuity, administrative integrity, or national security; and

(5) any authority vested by law in the Executive Branch.

(b) An Executive Order issued pursuant to this section shall be lawful where:

(1) the Order bears a rational and reasonably identifiable nexus to an executive, administrative, constitutional, or statutory function of the Executive Branch;

(2) the subject matter of the Order is not expressly prohibited by the Constitution or laws;

(3) the Order concerns the management, operation, direction, coordination, or enforcement activities of the Executive Branch; and

(4) the Order is reasonably related to the implementation, execution, or administration of law or executive responsibility.

(c) The authority granted by this section includes incidental and implied administrative powers reasonably necessary for the practical operation of government, including temporary measures addressing unforeseen administrative circumstances for which no specific statutory procedure exists.

(d) The absence of a specific statutory authorization for an Executive Order shall not alone render such Order invalid, provided the Order otherwise satisfies the requirements of this part and the Constitution.

(e) Nothing in this section shall be construed to authorize the President to:

(1) create criminal offenses or civil liabilities absent statutory authorization;

(2) impose taxes, duties, fees, or appropriations;

(3) legislate substantive rights or obligations reserved to the Legislature; or

(4) suspend, override, or dispense with statutes enacted by law.

Section History

Added [Stat. 26-32. Executive Organization Act](https://ols.krameria.xyz/Stat-26-32-Executive-Organization-Act-371a13f08d6b80e898fbf97bbc56d20a), § 5

Other Notes