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[JGR/Article on the Presidency - Notes, Drafts, Background] (2 of 4)
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118567586
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[JGR/Article on the Presidency - Notes, Drafts, Background] (2 of 4)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: [JGR/Article on the Presidency -
Notes, Drafts, Background] (2 of 4)
Box: 4
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
Chief of state
Chiel Executive - + remain Researche for
administrate of gov. "the care that ple
lane be firthfully reculted." OMB E.O.
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need for support. also import w/ meto from
Federalist.
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for proposing a program).
Ending - Truma quote, as Rainting "the sume of
the Prenday. " Remarks in his centernial.
Discussion of limits: relations with indiciory
/ from Marshall quite X bind X
FOR - now indicial restrait); relations
with Cyper
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of responsibility to Cyres.
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me have stated our all.
- limited grant of Legis powers - envirted
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can't list areas, Outies, versinsibilities
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of commitities
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presuble. must imp: secure bleerings or
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ervices of Mead Data Central
PAGE
2
4TH DOCUMENT of Level 1 printed in KWIC format.
Public Papers of the Presidents
Constitutional Amendment on Prayer in Schools and
Institutions
Message to the Congress Transmitting the Proposed Amendment
19 Weekly Comp. Pres. Doc. 370
March 8, 1983
LENGTH: 792 words
since Benjamin Franklin's eloquent request that prayer be observed by the
Constitutional Convention:
I have lived, Sir, a long time, and the longer I live, the more convincing
proofs I see of this truth - that God governs in the affairs of men.
I
also believe that without his concurring aid we shall succeed in this political
building no better than the Builders of Babel: We shall be divided by our little
partial local interests; our projects will be confounded, and we ourselves
John Roberts
LEXIS NEXIS LEXIS NEXIS
Services of Mead Data Central
PAGE
2
1ST DOCUMENT of Level 1 printed in KWIC format.
Public Papers of the Presidents
National Association of Evangelicals
Remarks at the Association's 42d Annual Convention in
Columbus, Ohio.
March 6, 1984
LENGTH: 3859 words
back in our schools.
We stand on firm historical and constitutional ground. During the
Constitutional Convention, Benjamin Franklin rose to say that - he said, "The
longer I live, the more convincing proofs I see that God governs in the
affairs of men. Without His concurring aid, we shall succeed in this
political building no better than the builders of Babel." And he asked "Have we
now forgotten this powerful Friend? Or do we imagine we no longer need His
assistance?" And then Franklin moved that the Convention
LEXIS NEXIS LEXIS NEXIS
Proc. 4858
Title 3-The President
Proclamation 4858 of September 16, 1981
week with appropria
and other suitable pi
Citizenship Day and Constitution Week, 1981
IN WITNESS WHE
Sept., in the year of
Independence of the
By the President of the United States of America
A Proclamation
Daniel Webster once wrote, "We may be tossed upon an ocean where
Proclamation 4859 of
we can see no land-nor, perhaps. the sun or stars. But there is a chart
and a compass for us to study, to consult, and to obey. The chart is the
National Cystic F
Constitution."
September 17. 1981. marks the 194th anniversary of our Constitution. Its
Framers scarcely could have conceived of the timelessness of the document
they so carefully drafted. They prepared a Constitution to meet the needs of
By the President of tl
a fledgling nation. Yet today, amid the complexities of the twentieth cen-
tury, that same Constitution. with only several amendments. serves a
A Proclamation
nation whose territory spans a continent and whose population exceeds
two hundred and twenty-five million. With the passing of each year, it be-
Cystic fibrosis is an
comes increasingly evident that, in the words of Chief Justice John Mar-
respiratory and diges
shall, our Constitution will "endure for ages to come."
It imposes enormous
victim and family. T
The Constitution establishes the Congress. the Executive, and the Judiciary.
cans; yet, its cause a
and through a deliberate allocation of authority, it defines the limits of each
determining who is a
upon the others. It particularizes the liberties which, as free men and
individuals who migl
women. we insist upon, and it constrains both Federal and State powers to
ensure that those precious liberties are faithfully protected. It is our blue-
Nevertheless. there
print for freedom. our commitment to ourselves and to each other.
advances in the trea
affected by the disea
It is by choice, not by imposition. that the Constitution is the supreme law
flicted with the dise
of our Land. As we approach the bicentennial of this charter, each of us
during these addition
has a personal obligation to acquaint ourselves with it and with its central
role in guiding our Nation. While a constitution may set forth rights and lib-
Supported by the Na
erties, only the citizens can maintain and guarantee those freedoms. Active
cies, researchers thr
and informed citizenship is not just a right: it is a duty.
fibrosis. Improved n
are being examined
In recognition of the paramount importance of the Constitution to our
cruel disease.
Nation. and in recognition of all who have attained the status of United
States citizens, the Congress by joint resolution on February 29, 1952 (36
Since early diagnos
U.S.C. Section 153), designated September 17th as Citizenship Day, and by
crease this awarene
joint resolution of August 2. 1956 (36 U.S.C. Section 159), requested the
trolling cystic fibros
President to proclaim the week beginning September 17th and ending Sep-
defeat it, the Congr
tember 23rd of each year as Constitution Week.
week of September
brosis Week.
NOW. THEREFORE, 1. RONALD REAGAN. President of the United States
of America. call upon appropriate Government officials to display the flag
NOW, THEREFORE
of the United States on all Government buildings on Citizenship Day. Sep-
of America. do here
tember 17, 1981. I urge Federal. State and local officials. as well as leaders
ber 26, 1981, as Na
of civic. educational and religious organizations to conduct ceremonies and
the United States ti
programs that day to commemorate the occasion.
activities.
I also proclaim the week beginning September 17th and ending September
IN WITNESS WHE
23rd. 1981 as Constitution Week. and I urge all Americans to observe that
day of September ir
44
Proclamations
Proc. 4859
week with appropriate ceremonies and activities in their schools, churches
and other suitable places.
IN WITNESS WHEREOF. I have hereunto set my hand this 16th day of
Sept., in the year of our Lord nineteen hundred and eighty-one, and of the
Independence of the United States of America the two hundred and sixth.
RONALD REAGAN
ean where
Proclamation 4859 of September 17, 1981
is a chart
hart is the
National Cystic Fibrosis Week
titution. Its
e document
he needs of
By the President of the United States of America
entieth cen-
serves a
A Proclamation
on exceeds
year, it be-
Cystic fibrosis is an hereditary, metabolic disease primarily affecting the
John Mar-
respiratory and digestive systems. Tragically, the disease attacks the young.
It imposes enormous economic, physical and emotional burdens on both
victim and family. The disease is the leading genetic killer of young Ameri-
e Judiciary,
cans; yet, its cause and cure are unknown. In addition, there is no test for
its of each
determining who is a carrier-and there are up to 10 million symptom-free
men and
individuals who might pass cystic fibrosis on to their children.
powers to
S our blue-
Nevertheless, there is ample reason for hope. There have been important
advances in the treatment of cystic fibrosis. Twenty-five years ago. children
affected by the disease seldom reached school age. Today. half of those af-
preme law
flicted with the disease will live into their twenties, and the quality of life
each of us
during these additional years has been significantly improved.
its central
its and lib-
Supported by the National Institutes of Health and private voluntary agen-
ms. Active
cies, researchers throughout the world are focusing their efforts on cystic
fibrosis. Improved methods of diagnosis, detection. treatment and control
are being examined and attention, as never before. is being paid to this
on to our
cruel disease.
of United
3, 1952 (36
Since early diagnosis can prolong life, public awareness is critical. To in-
1y, and by
crease this awareness and commemorate the progress being made in con-
tested the
trolling cystic fibrosis, and to emphasize the need for a continued effort to
iding Sep-
defeat it, the Congress has, by Senate Joint Resolution 62, designated the
week of September 20 through September 26, 1981, as National Cystic Fi-
brosis Week.
ted States
y the flag
NOW, THEREFORE, I. RONALD REAGAN, President of the United States
Day, Sep-
of America. do hereby proclaim the week of September 20 through Septem-
IS leaders
ber 26, 1981, as National Cystic Fibrosis Week. I call upon the people of
onies and
the United States to observe that week with appropriate ceremonies and
activities.
September
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth
serve that
day of September in the year of our Lord nineteen hundred and eighty-one,
45
Proc. 4948
Title 3-The President
the intervening forty-one years, recognized the forcible incorporation of the
On this day and t
Baltic states into the Soviet Union.
to this "compact"
future." And, as W
As a nation, we remain dedicated to the furtherance and preservation of
must remember th
the fundamental human rights and freedoms of all people and take note on
an obligation.
this special day of our hope that the blessings of liberty will one day be
part of the national life of the courageous people of Estonia, Latvia, and
In recognition of
Lithuania.
paramount role ou
gress, by joint res
The Congress of the United States by Senate Joint Resolution 201 has au-
September 17th al
thorized and requested the President to proclaim June 14 as Baltic Freedom
1956 (36 U.S.C. 159
Day.
September 17th an
Week.
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
of America, do hereby designate June 14, 1982, as Baltic Freedom Day. I call
NOW, THEREFOR
upon the people of the United States to reaffirm their belief and hope that
of America, call ul
the citizens of Latvia, Lithuania, and Estonia and of all nations will one day
of the United State
achieve through peaceful means the goals of democratic freedom and self-
tember 17, 1982. I
determination.
of civic, education
programs that day
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of
June, in the year of our Lord nineteen hundred and eighty-two, and of the
I also proclaim the
Independence of the United States of America the two hundred and sixth.
Week, and I urge
stress the importa
RONALD REAGAN
form of governmen
and documents sur
its bicentennial ma
purpose of this Cha
Proclamation 4949 of June 23, 1982
IN WITNESS WHI
Citizenship Day and Constitution Week, 1982
June, in the year 0
Independence of th
By the President of the United States of America
A Proclamation
Chief Justice John Marshall wrote, "the people make the Constitution, and
the people can unmake it. It is the creature of their own will, and lives only
Proclamation 4950 o
by their will." It is appropriate, therefore, that we set aside September 17,
1982, the 195th anniversary of the Constitution, to celebrate Citizenship Day
National NCO/F
and to begin Constitution Week.
The Constitution provides the structure of our federal system and a system
By the President of
of checks and balances that applies equally to each branch of government,
A Proclamation
to relations between the states and the Federal Government, and, as impor-
Time has not altere
tantly, to each of us. It protects the rights of all Americans to "life, liberty
our Armed Forces :
and the pursuit of happiness" and limits governmental authority to ensure
laid in 1776. For n
these liberties are faithfully protected-both by and from the state.
women who have :
commissioned Offic
But in the end it is each citizen who is responsible for protecting the lib-
bone of the Armed
erties set forth in the Constitution and Bill of Rights. Therefore, while Citi-
zenship Day is a day of celebration, it is also a day of remembrance and
We all should recc
dedication. This is particularly so in view of this time in our history. Two
made to the Nation
hundred years ago, with freedom assured by victory at the Battle of York-
to the Nation as so
town, our forefathers began the process culminating in the adoption of the
older than the Nati
Constitution on September 17, 1787.
the long list of reci
64
Proclamations
Proc. 4950
rporation of the
On this day and throughout this week, we should reaffirm our commitment
to this "compact" which gives "stability to the present and certainty to the
future." And, as we approach the 200th anniversary of the Constitution, we
preservation of
must remember that an active and informed citizenry is not just a right; it is
nd take note on
an obligation.
will one day be
nia, Latvia, and
In recognition of the place the Constitution holds in our Nation, and the
paramount role our citizens play in maintaining the United States, the Con-
gress, by joint resolution on February 29, 1952 (36 U.S.C. 153), designated
tion 201 has au-
September 17th as Citizenship Day, and by joint resolution of August 2,
Baltic Freedom
1956 (36 U.S.C. 159), requested the President to proclaim the week beginning
September 17th and ending September 23rd of each year as Constitution
Week.
he United States
edom Day. I call
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
ef and hope that
of America, call upon appropriate Government officials to display the flag
ons will one day
of the United States on all Government buildings on Citizenship Day, Sep-
eedom and self-
tember 17, 1982. I urge Federal, State and local officials, as well as leaders
of civic, educational and religious organizations to conduct ceremonies and
programs that day to commemorate the occasion.
this 14th day of
-two, and of the
I also proclaim the week beginning September 17th, 1982 as Constitution
ndred and sixth.
Week, and I urge all Americans to observe that week with programs that
stress the importance of the Constitution to our individual freedoms and
ALD REAGAN
form of government. I call upon all citizens to join in studying the events
and documents surrounding the adoption of our Constitution in 1787 so that
its bicentennial may be celebrated with renewed learning of the history and
purpose of this Charter of Freedom.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of
June, in the year of our Lord nineteen hundred and eighty-two, and of the
Independence of the United States of America the two hundred and sixth.
RONALD REAGAN
Constitution, and
ill, and lives only
Proclamation 4950 of June 30, 1982
de September 17,
e Citizenship Day
National NCO/Petty Officer Week, 1982
em and a system
By the President of the United States of America
ch of government,
A Proclamation
nt, and, as impor-
Time has not altered the basic duties and responsibilities of the majority of
is to "life, liberty
our Armed Forces personnel since the very foundation of our country was
uthority to ensure
laid in 1776. For more than two hundred years, the American men and
ne state.
women who have so proudly served-and are currently serving-as Non-
protecting the lib-
commissioned Officers and Petty Officers have been regarded as the back-
bone of the Armed Forces of the United States.
refore, while Citi-
emembrance and
We all should recognize the great sacrifices and significant contributions
our history. Two
made to the Nation by our fellow citizens whose traditional role of service
e Battle of York-
to the Nation as soldiers, sailors, airmen, marines, and coast guardsmen is
e adoption of the
older than the Nation itself. Their spirit and devotion to duty is evident in
the long list of recipients of the Medal of Honor and other decorations of
65
Proclamations
Proc. 5085
VO hundred and
Proclamation 5085 of August 29, 1983
Citizenship Day and Constitution Week, 1983
LD REAGAN
By the President of the United States of America
A Proclamation
There can be no more precious possession than United States citizenship.
As the Columbus, Ohio, Dispatch so fittingly stated many years ago:
"In the darkness that has settled over so much of the world and which shadows the existence of
men in places where individual liberty still struggles to live, the United States of America has
become the source of hope and aid to the millions of oppressed who once knew freedom and the
hated enemy of the overlords of darkness who would destroy it wherever they can."
art of America's
The Constitution provides a framework for our continuous striving to make
rtunity to recog-
a better America. It provides the basic balance between each branch of
from earliest CO-
loyalty, patrio-
government, limits the power of that government, and guarantees to each of
us as citizens our most basic rights. The Constitution, however, is only the
ed by Hispanic
outline of our system of government. It is through each individual citizen
living out the ideals of the Constitution that we reach for a full expression
development of
of those ideals. Therefore, while we celebrate Citizenship Day and Consti-
from their influ-
tution Week, let us rededicate ourselves to a full realization of the potential
sciences, educa-
of the great country which the Founding Fathers struggled to create more
active endeavor.
than two hundred years ago.
Not only during this week, but throughout the year, we should continue to
Hispanic Ameri-
seek that "more perfect union" which will establish justice and insure do-
11 continue to do
mestic tranquility for each of us and our future generations through the
st in the Ameri-
Constitution.
In recognition of the importance of our Constitution and the role of our citi-
n
to the call of
zenry in shaping our government, the Congress, by joint resolution of Febru-
well-known and
ary 29, 1952 (36 U.S.C. 153), designated September 17th of each year as Citi-
aid rendered by
zenship Day and authorized the President to issue annually a proclamation
n.
calling upon officials of the government to display the flag on all govern-
ment buildings on that day. The Congress also, by joint resolution of
nerican Commu-
August 2, 1956 (36 U.S.C. 159), requested the President to proclaim the week
17, 1968 (82 Stat.
beginning September 17th and ending September 23rd of each year as Con-
ally a proclama-
stitution Week.
d 16 as National
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
of America, call upon appropriate government officials to display the flag of
e United States
the United States on all government buildings on Citizenship Day, Septem-
nber 11, 1983, as
ber 17, 1983. I urge Federal, State and local officials, as well as leaders of
ic peoples who
civic, educational, and religious organizations to conduct ceremonies and
onal strength. In
of brotherhood
programs that day to commemorate the occasion.
I also proclaim the week beginning September 17th and ending September
this 25th day of
23rd, 1983 as Constitution Week, and I urge all Americans to observe that
hree, and of the
week with appropriate ceremonies and activities in their schools, churches
dred and eighth.
and other suitable places.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth
ALD REAGAN
day of August, in the year of our Lord nineteen hundred and eighty-three,
83
33-002 0-84-7
Proc. 5085
Title 3-The President
and of the Independence of the United States of America the two hundred
Nation can substanti:
and eighth.
from fire.
RONALD REAGAN
Since most deaths an
that families install ai
should a fire occur. Ii
Proclamation 5086 of September 1, 1983
home fire escape plan
ments should conside
lives in residences, ho
Death of American Citizens on Board Korean Airlines Flight
An indispensable ing
By the President of the United States of America
fighter. Firefighting is
debted to the brave i
A Proclamation
Nation so bravely-of
As a mark of respect for the American citizens and all those who died vio-
the cost of their own 1.
lently on board the Korean Airlines flight which was ruthlessly shot down
We must also applaud
by Soviet fighters between Sakhalin and Monoron Islands on September 1,
tection Association, th
1983, I hereby order, by virtue of the authority vested in me as President of
International Associat
the United States of America, that the flag of the United States shall be
Firefighters, the Natio:
flown at half-staff upon all public buildings and grounds, at all military
of Fire Service Instruc
posts and naval stations, and on all naval vessels of the Federal Govern-
nizations, the National
ment in the District of Columbia and throughout the United States and its
fire losses. These dedi
Territories and possessions through Sunday, September 4, 1983. I also direct
and support.
that the flag shall be flown at half-staff for the same length of time at all
United States embassies, legations, consular offices, and other facilities
NOW, THEREFORE, I,
abroad, including all military facilities and naval vessels and stations.
of America, do hereby
Fire Prevention Week,
IN WITNESS WHEREOF, I have hereunto set my hand this first day of Sep-
tember, in the year of our Lord nineteen hundred and eighty-three, and of
IN WITNESS WHERE
the Independence of the United States of America the two hundred and
Sept., in the year of ou
eighth.
Independence of the U
RONALD REAGAN
Proclamation 5087 of September 6, 1983
Proclamation 5088 of S
Fire Prevention Week, 1983
National School Lu
By the President of the United States of America
By the President of the
A Proclamation
A Proclamation
The National School L
This great Nation of ours, the richest and most technologically advanced in
vide nutritious and we
the world, continues to lead all major industrialized countries in per capita
deaths and property loss from fire.
try. The school lunch P
between the Federal g
Each year thousands of American lives are lost, billions of dollars in prop-
available the food. fun
erty are needlessly destroyed, and thousands of persons are permanently
tritional assistance for
disfigured or disabled by burn injuries from preventable fires.
The youth of America
Obviously, we must continue to address fire prevention as a national prior-
demonstrates the awar
ity. and I strongly urge each citizen to make a personal commitment to aid
we all share in promot
in the reduction of this senseless and tragic waste of precious lives, proper-
Over 23 million lunche
ty, and natural resources from fire. Through a concentrated effort our
the country. This effor
84
and: 5/31/84
To
CITIZENSHIP DAY AND CONSTITUTION WEEK, 1984
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
September 17, 1984, marks the 197th anniversary of the
signing of our Constitution. As the bicentennial of this
dynamic and timeless document nears, all Americans should
become reacquainted with its role as our great country's
guiding beacon. With this document as its blueprint, this
Nation has become the finest example in history of the
principle of government by law, in which every individual is
guaranteed certain inalienable rights. Exemplifying this
precept, a newly naturalized citizen once wrote:
"After our arrival here we very soon realized
that the U.S.A. is really a wonderland: It is the first
one among the few countries in the world where liberty,
justice, democracy, and happiness are not only not
empty slogans, but real benefits for all; where the
Constitution is still as valid as it was in those days
when the people of the U.S.A. ordained and established it
in order to secure the blessings of liberty for them-
selves and their posterity. It was just natural that our
next wish could not be other than to become a citizen of
this wonderful country.
"And now, a few minutes after we solemnly pledged
allegiance to the flag of the United States, we have just
one more wish, that may God give us a long life, and
ability to help at our very best in holding this flag
straight up, flying as free and clear forever as it has
been doing from the beginning of this country."
The Constitution provides a framework for our continuous
striving to make a better America. It provides the basic
balance between each branch of government, limits the power of
that government, and guarantees to each of us as citizens our
2
most basic rights. The Constitution, however, is only the
outline of our system of government. It is through each
individual citizen living out the ideals of the Constitution
that we reach for a full expression of those ideals. There-
fore, while we celebrate Citizenship Day and Constitution
Week, let us rededicate ourselves to a full realization of the
potential of the great country which the Founding Fathers
struggled to create more than two hundred years ago.
Once each year, on September 17, all four pages of
the original signed Constitution are placed on public exhibi-
tion in the Rotunda of the National Archives building in
Washington, D.C. I encourage all Americans to take the
opportunity to view this document, which embodies our national
commitment to freedom.
In recognition of the importance of our Constitution and
the role of our citizenry in shaping our government, the
Congress, by joint resolution of February 29, 1952 (36 U.S.C.
153), designated September 17th of each year as Citizenship
Day and authorized the President to issue annually a procla-
mation calling upon officials of the government to display the
flag on all government buildings on that day. The Congress
also, by joint resolution of August 2, 1956 (36 U.S.C. 159),
requested the President to proclaim the week beginning
September 17th and ending September 23rd of each year as
Constitution Week.
NOW, THEREFORE, I, RONALD REAGAN, President of the
United States of America, call upon appropriate government
officials to display the flag of the United States on all
government buildings on Citizenship Day, September 17, 1984.
I urge Federal, State and local officials, as well as leaders
of civic, educational and religious organizations to conduct
ceremonies and programs that day to commemorate the occasion.
3
I also proclaim the week beginning September 17 and
ending September 23, 1984, as Constitution Week, and I urge
all Americans to observe that week with appropriate ceremonies
and activities in their schools, churches and other suitable
places.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first
day of
May, in the year of our
Lord nineteen hundred and eighty-four, and of the Independence
of the United States of America the two hundred and eighth.
Ronald Reagan
Feb. 17 / Administration of Ronald Reagan, 1981
Executive Order 12291-Federal Regulation
February 17, 1981
By the authority vested in me as Presi-
regulations, and developing legislative pro-
dent by the Constitution and laws of the
posals concerning regulation, all agencies,
United States of America, and in order to
to the extent permitted by law, shall adhere
reduce the burdens of existing and future
to the following requirements:
regulations, increase agency accountability
(a) Administrative decisions shall be based
for regulatory actions, provide for presiden-
on adequate information concerning the
tial oversight of the regulatory process,
need for and consequences of proposed
minimize duplication and conflict of regula-
government action;
tions, and insure well-reasoned regulations,
(b) Regulatory action shall not be under-
it is hereby ordered as follows:
taken unless the potential benefits to soci-
Section 1. Definitions. For the purposes
ety from the regulation outweigh the po-
of this Order:
tential costs to society;
(a) "Regulation" or "rule" means an
(c) Regulatory objectives shall be chosen
agency statement of general applicability
to maximize the net benefits to society;
and future effect designed to implement,
(d) Among alternative approaches to any
interpret, or prescribe law or policy or de-
given regulatory objective, the alternative
scribing the procedure or practice require-
involving the least net cost to society shall
ments of an agency, but does not include:
be chosen; and
(1) Administrative actions governed by
(e) Agencies shall set regulatory priorities
the provisions of Sections 556 and 557 of
with the aim of maximizing the aggregate
Title 5 of the United States Code;
net benefits to society, taking into account
(2) Regulations issued with respect to a
the condition of the particular industries af-
military or foreign affairs function of the
United States; or
fected by regulations, the condition of the
(3) Regulations related to agency organi-
national economy, and other regulatory ac-
zation, management, or personnel.
tions contemplated for the future.
(b) "Major rule" means any regulation
Sec. 3. Regulatory Impact Analysis and
that is likely to result in:
Review.
(1) An annual effect on the economy of
(a) In order to implement Section 2 of
$100 million or more;
this Order, each agency shall, in connection
(2) A major increase in costs or prices for
with every major rule, prepare, and to the
consumers, individual industries, Federal,
extent permitted by law consider, a Regula-
State, or local government agencies, or geo-
tory Impact Analysis. Such Analyses may be
graphic regions; or
combined with any Regulatory Flexibility
(3) Significant adverse effects on competi-
Analyses performed under 5 U.S.C. 603 and
tion, employment, investment, productivity,
604.
innovation, or on the ability of United
(b) Each agency shall initially determine
States-based enterprises to compete with
whether a rule it intends to propose or to
foreign-based enterprises in domestic or
issue is a major rule, provided that, the Di-
export markets.
rector, subject to the direction of the Task
(c) "Director" means the Director of the
Force, shall have authority, in accordance
Office of Management and Budget.
with Sections 1(b) and 2 of this Order, to
(d) "Agency" means any authority of the
prescribe criteria for making such determi-
United States that is an "agency" under 44
nations, to order a rule to be treated as a
U.S.C. 3502(1), excluding those agencies
major rule, and to require any set of related
specified in 44 U.S.C. 3502(10).
rules to be considered together as a major
(e) "Task Force" means the Presidential
rule.
Task Force on Regulatory Relief.
(c) Except as provided in Section 8 of this
Sec. 2. General Requirements. In promul-
Order, agencies shall prepare Regulatory
gating new regulations, reviewing existing
Impact Analyses of major rules and transmit
104
Administration of Ronala Reagan, 1901
them, along with all notices of proposed
(5) Unless covered by the description re-
rulemaking and all final rules, to the Direc-
quired under paragraph (4) of this subsec-
tor as follows:
tion, an explanation of any legal reasons
(1) If no notice of proposed rulemaking is
why the rule cannot be based on the re-
islative pro-
to be published for a proposed major rule
quirements set forth in Section 2 of this
ill agencies,
that is not an emergency rule, the agency
Order.
shall adhere
shall prepare only a final Regulatory Impact
(e)(1) The Director, subject to the direc-
Analysis, which shall be transmitted, along
tion of the Task Force, which shall resolve
all be based
with the proposed rule, to the Director at
any issues raised under this Order or ensure
cerning the
least 60 days prior to the publication of the
that they are presented to the President, is
if proposed
major rule as a final rule;
authorized to review any preliminary or
(2) With respect to all other major rules,
final Regulatory Impact Analysis, notice of
t be under-
the agency shall prepare a preliminary Reg-
proposed rulemaking, or final rule based on
fits to soci-
ulatory Impact Analysis, which shall be
the requirements of this Order.
igh the po-
transmitted, along with a notice of proposed
(2) The Director shall be deemed to have
rulemaking, to the Director at least 60 days
concluded review unless the Director ad-
be chosen
prior to the publication of a notice of pro-
ociety;
posed rulemaking, and a final Regulatory
vises an agency to the contrary under sub-
ches to any
Impact Analysis, which shall be transmitted
section (f) of this Section:
alternative
along with the final rule at least 30 days
(A) Within 60 days of a submission under
prior to the publication of the major rule as
subsection (c)(1) or a submission of a pre-
ociety shall
a final rule;
liminary Regulatory Impact Analysis or
priorities
(3) For all rules other than major rules,
notice of proposed rulemaking under sub-
aggregate
agencies shall submit to the Director, at
section (c)(2);
ito
least 10 days prior to publication, every
(B) Within 30 days of the submission of a
account
idustries af-
notice of proposed rulemaking and final
final Regulatory Impact Analysis and a final
of
the
rule.
rule under subsection (c)(2); and
gulatory
ac-
(d) To permit each proposed major rule
(C) Within 10 days of the submission of a
to be analyzed in light of the requirements
notice of proposed rulemaking or final rule
alysis
and
stated in Section 2 of this Order, each pre-
under subsection (c)(3).
liminary and final Regulatory Impact Analy-
(f)(1) Upon the request of the Director, an
2
of
sis shall contain the following information:
agency shall consult with the Director con-
connection
(1) A description of the potential benefits
cerning the review of a preliminary Regula-
and
to
the
of the rule, including any beneficial effects
tory Impact Analysis or notice of proposed
a
Regula-
that cannot be quantified in monetary
rulemaking under this Order, and shall,
may
be
terms, and the identification of those likely
subject to Section 8(a)(2) of this Order, re-
Flexibility
to receive the benefits;
frain from publishing its preliminary Regu-
C.
603
and
(2) A description of the potential costs of
latory Impact Analysis or notice of proposed
the rule, including any adverse effects that
rulemaking until such review is concluded.
determine
cannot be quantified in monetary terms,
(2) Upon receiving notice that the Direc-
or
to
and the identification of those likely to bear
tor intends to submit views with respect to
the
Di-
the costs;
any final Regulatory Impact Analysis or
the
Task
(3) A determination of the potential net
final rule, the agency shall, subject to Sec-
accordance
benefits of the rule, including an evaluation
tion 8(a)(2) of this Order, refrain fron pub-
Order,
to
of effects that cannot be quantified in mon-
lishing its final Regulatory Impact Analysis
determi-
etary terms;
or final rule until the agency has responded
as
a
(4) A description of alternative ap-
to the Director's views, and incorporated
of
related
proaches that could substantially achieve
a
the same regulatory goal at lower cost, to-
those views and the agency's response in
major
gether with an analysis of this potential
the rulemaking file.
8
of
this
benefit and costs and a brief explanation of
(3) Nothing in this subsection shall be
Regulatory
the legal reasons why such alternatives, if
construed to as displacing the agencies' re-
transmit
proposed, could not be adopted; and
sponsibilities delegated by law.
105
Feb. 17 / Administration of Ronald Reagan, 1981
(g) For every rule for which an agency
agency has issued a notice of proposed rule-
publishes a notice of proposed rulemaking,
making;
the agency shall include in its notice:
(2) The name and telephone number of a
(1) A brief statement setting forth the
knowledgeable agency official for each item
agency's initial determination whether the
on the agenda; and
proposed rule is a major rule, together with
(3) A list of existing regulations to be re-
the reasons underlying that determination;
viewed under the terms of this Order, and
and
a brief discuission of each such regulation.
(2) For each proposed major rule, a brief
(b) The Director, subject to the direction
summary of the agency's preliminary Regu-
of the Task Force, may, to the extent per-
latory Impact Analysis.
mitted by law:
(h) Agencies shall make their preliminary
(1) Require agencies to provide additional
and final Regulatory Impact Analyses availa-
information in an agenda; and
ble to the public.
(i) Agencies shall initiate reviews of cur-
(2) Require publication of the agenda in
any form.
rently effective rules in accordance with
the purposes of this Order, and perform
Sec. 6. The Task Force and Office of Man-
Regulatory Impact Anaylyses of currently
agement and Budget.
effective major rules. The Director, subject
(a) To the extent permitted by law, the
to the direction of the Task Force, may des-
Director shall have authority, subject to the
ignate currently effective rules for review
direction of the Task Force, to:
in accordance with this Order, and establish
(1) Designate any proposed or existing
schedules for reviews and Analyses under
rule as a major rule in accordance with Sec-
this Order.
tion 1(b) of this Order;
Sec. 4. Regulatory Review. Before approv-
(2) Prepare and promulgate uniform
ing any final major rule, each agency shall:
standards for the identification of major
(a) Make a determination that the regula-
rules and the development of Regulatory
tion is clearly within the authority delegat-
Impact Analyses;
ed by law and consistent with congressional
(3) Require an agency to obtain and
intent, and include in the Federal Register
evaluate, in connection with a regulation,
at the time of promulgation a memoran-
any additional relevant data from any ap-
dum of law supporting that determination.
propriate source;
(b) Make a determination that the factual
(4) Waive the requirements of Sections 3,
conclusions upon which the rule is based
4, or 7 of this Order with respect to any
have substantial support in the agency
proposed or existing major rule;
record, viewed as a whole, with full atten-
(5) Identify duplicative, overlapping and
tion to public comments in general and the
conflicting rules, existing or proposed, and
comments of persons directly affected by
existing or proposed rules that are inconsist-
the rule in particular.
ent with the policies underlying statutes
Sec. 5. Regulatory Agendas.
governing agencies other than the issuing
(a) Each agency shall publish, in October
agency or with the purposes of this Order,
and April of each year, an agenda of pro-
and, in each such case, require appropriate
posed regulations that the agency has issued
interagency consultation to minimize or
or expects to issue, and currently effective
eliminate such duplication, overlap, or con-
rules that are under agency review pursu-
flict;
ant to this Order. These agendas may be
(6) Develop procedures for estimating the
incorporated with the agendas published
annual benefits and costs of agency regula-
under 5 U.S.C. 602, and must contain at the
tions, on both an aggregate and economic
minimum:
or industrial sector basis, for purposes of
(1) A summary of the nature of each
compiling a regulatory budget;
major rule being considered, the objectives
(7) In consultation with interested agen-
and legal basis for the issuance of the rule,
cies, prepare for consideration by the Presi-
and an approximate schedule for complet-
dent recommendations for changes in the
ing action on any major rule for which the
agencies' statutes; and
106
Administration of Ronald Reagan, 1981 / Feb. 17
osed rule-
(8) Monitor agency compliance with the
(2) Designate a rule that an agency has
requirements of this Order and advise the
issued in final form as of the date of this
mber of a
President with respect to such compliance.
Order and that has not yet become effec-
each item
(b) The Director, subject to the direction
tive as a major rule in accordance with Sec-
of the Task Force, is authorized to establish
tion 1(b) of this Order.
to be re-
procedures for the performance of all func-
(d) Agencies may, in accordance with the
rder, and
tions vested in the Director by this Order.
Administrative Procedure Act and other ap-
egulation.
The Director shall take appropriate steps to
plicable statutes, permit major rules that
direction
coordinate the implementation of the analy-
they have issued in final form as of the date
tent per-
sis, transmittal, review, and clearance provi-
of this Order, and that have not yet become
sions of this Order with the authorities and
effective, to take effect as interim rules
additional
requirements provided for or imposed upon
while they are being reconsidered in ac-
the Director and agencies under the Regu-
cordance with this Order, provided that,
genda in
latory Flexibility Act, 5 U.S.C. 601 et seq.,
agencies shall report to the Director, no
and the Paperwork Reduction Plan Act of
later than 15 days before any such rule is
? of Man-
1980, 44 U.S.C. 3501 et seq.
proposed to take effect as an interim rule,
Sec. 7. Pending Regulations.
that the rule should appropriately take
law, the
(a) To the extent necessary to permit re-
effect as an interim rule while the rule is
ect to the
consideration in accordance with this
under reconsideration.
Order, agencies shall, except as provided in
(e) Except as provided in Section 8 of this
existing
Section 8 of this Order, suspend or post-
Order, agencies shall, to the extent permit-
with Sec-
pone the effective dates of all major rules
ted by law, refrain from promulgating as a
that they have promulgated in final form as
final rule any proposed major rule that has
uniform
of the date of this Order, but that have not
been published or issued as of the date of
of major
yet become effective, excluding:
this Order until a final Regulatory Impact
egulatory
(1) Major rules that cannot legally be
Analysis, in accordance with Section 3 of
postponed or suspended;
this Order, has been prepared for the pro-
tain and
(2) Major rules that, for good cause, ought
posed major rule.
egulation,
to become effective as final rules without
reconsideration. Agencies shall prepare, in
(f) Agencies shall report to the Director,
any ap-
accordance with Section 3 of this Order, a
no later than 30 days prior to promulgating
final Regulatory Impact Analysis for each
as a final rule any proposed rule that the
ections 3,
major rule that they suspend or postpone.
agency has published or issued as of the
et to any
date of this Order and that has not been
(b) Agencies shall report to the Director
considered under the terms of this Order:
ping and
no later than 15 days prior to the effective
sed, and
date of any rule that the agency has pro-
(1) That the rule cannot legally be consid-
mulgated in final form as of the date of this
ered in accordance with this Order, togeth-
inconsist-
Order, and that has not yet become effec-
er with a brief explanation of the legal rea-
statutes
e
issuing
tive, and that will not be reconsidered
sons barring such consideration; or
S Order,
under subsection (a) of this Section:
(2) That the rule is not a major rule, in
which case the agency shall submit to the
propriate
(1) That the rule is excepted from recon-
mize or
sideration under subsection (a), including a
Director a copy of the proposed rule.
or con-
brief statement of the legal or other reasons
(g) The Director, subject to the direction
for that determination; or
of the Task Force, is authorized, to the
ting the
(2) That the rule is not a major rule.
extent permitted by law, to:
regula-
(c) The Director, subject to the direction
(1) Require consideration, in accordance
conomic
of the Task Force, is authorized, to the
with this Order, of any proposed major rule
poses of
extent permitted by law, to:
that the agency has published or issued as
(1) Require reconsideration, in accord-
of the date of this Order; and
d agen-
ance with this Order, of any major rule that
(2) Designate a proposed rule that an
e Presi-
an agency has issued in final form as of the
agency has published or issued as of the
in the
date of this Order and that has not become
date of this Order, as a major rule in ac-
effective; and
cordance with Section 1(b) of this Order.
107
Feb. 17 / Administration of Ronald Reagan, 1981
(h) The Director shall be deemed to have
posed by statute or by judicial order, pro-
determined that an agency's report to the
vided that, any such regulation shall be re-
Director under subsections (b), (d), or (f) of
ported to the Director together with a brief
this Section is consistent with the purposes
explanation of the conflict, the agency shall
of this Order, unless the Director advises
publish in the Federal Register a statement
the agency to the contrary:
of the reasons why it is impracticable for
(1) Within 15 days of its report, in the
the agency to follow the procedures of this
case of any report under subsections (b) or
Order with respect to such a rule, and the
(d); or
agency, in consultation with the Director,
(2) Within 30 days of its report, in the
shall adhere to the requirements of this
case of any report under subsection (f).
Order to the extent permitted by statutory
(i) This Section does not supersede the
or judicial deadlines.
President's Memorandum of January 29,
(b) The Director, subject to the direction
1981, entitled "Postponement of Pending
of the Task Force, may, in accordance with
Regulations", which shall remain in effect
the purposes of this Order, exempt any
until March 30, 1981.
class or category of regulations from any or
(j) In complying with this Section, agen-
all requirements of this Order.
cies shall comply with all applicable provi-
Sec. 9. Judicial Review. This Order is in-
sions of the Administrative Procedure Act,
tended only to improve the internal man-
and with any other procedural require-
agement of the Federal government, and is
ments made applicable to the agencies by
not intended to create any right or benefit,
other statutes.
substantive or procedural, enforceable at
Sec. 8. Exemptions.
law by a party against the United States, its
(a) The procedures prescribed by this
agencies, its officers or any person. The de-
Order shall not apply to:
terminations made by agencies under Sec-
(1) Any regulation that responds to an
tion 4 of this Order, and any Regulatory
emergency situation, provided that, any
Impact Analyses for any rule, shall be made
such regulation shall be reported to the Di-
part of the whole record of agency action in
rector as soon as is practicable, the agency
connection with the rule.
shall publish in the Federal Register a state-
Sec. 10. Revocations. Executive Orders
ment of the reasons why it is impracticable
No. 12044, as amended, and No. 12174 are
for the agency to follow the procedures of
revoked.
this Order with respect to such a rule, and
RONALD REAGAN
the agency shall prepare and transmit as
soon as is practicable a Regulatory Impact
The White House,
Analysis of any such major rule; and
February 17, 1981.
(2) Any regulation for which considera-
tion or reconsideration under the terms of
[Filed with the Office of the Federal Regis-
this Order would conflict with deadlines im-
ter, 3:19 p.m., February 17, 1981]
Address Before a Joint Session of the Congress on the Program for
Economic Recovery
February 18, 1981
Mr. Speaker, Mr. President, distinguished
Nation that we all love so much. I'm here
Members of Congress, honored guests, and
tonight to reaffirm that pledge and to ask
fellow citizens:
that we share in restoring the promise that
Only a month ago I was your guest in this
is offered to every citizen by this, the last,
historic building, and I pledged to you my
best hope of man on Earth.
cooperation in doing what is right for this
108
Administration of Ronald Reagan, 1981 / Feb. 18
dimen-
Some will argue, 1 know, that reducing
others. But our program for economic re-
tax rates now will be inflationary. A solid
covery is so urgently needed to begin to
Budget
is
body of economic experts does not agree.
bring down inflation that I'm asking you to
task
And tax cuts adopted over the past three-
act on this plan first and with great urgen-
We're
also
fourths of a century indicate these econom-
cy. And then, I pledge 1 will join with you
General
ic experts are right. They will not be infla-
in seeking these additional tax changes at
will
tionary. I've had advice that in 1985 our
the earliest date possible.
spare
ninistration
real production in goods and services will
American society experienced a virtual
grow by 20 percent and be $300 billion
a
trend
explosion in government regulation during
higher than it is today. The average
quickly
the past decade. Between 1970 and 1979,
as
worker's wage will rise in real purchasing
selves,
but
expenditures for the major regulatory agen-
power 8 percent, and this is in after-tax
in
the
Fed-
cies quadrupled. The number of pages pub-
dollars. And this, of course, is predicated on
I've
called
lished annually in the Federal Register
a complete program of tax cuts and spend-
scandal,
nearly tripled, and the number of pages in
ing reductions being implemented.
ermined
to
the Code of Federal Regulations increased
The other part of the tax package is
by nearly two-thirds. The result has been
aimed directly at providing business and in-
whole
higher prices, higher unemployment, and
pro-
dustry with the capital needed to modern-
the
equal-
lower productivity growth. Overregulation
ize and engage in more research and devel-
tax
causes small and independent business men
rates.
opment. This will involve an increase in de-
economic
and women, as well as large businesses to
preciation allowances, and this part of our
jobs,
defer or terminate plans for expansion. And
to
tax proposal will be retroactive to January
give
the
since they're responsible for most of the
1st.
they
do
new jobs, those new jobs just aren't created.
The present depreciation system is obso-
with
tax
Now, we have no intention of dismantling
a
lete, needlessly complex, and economically
to
in-
counterproductive. Very simply, it bases the
the regulatory agencies, especially those
and
depreciation of plant machinery and vehi-
necessary to protect environment and
cles and tools on their original cost, with no
assure the public health and safety. Howev-
across-
recognition of how inflation has increased
er, we must come to grips with inefficient
in
the
their replacement cost. We're proposing a
and burdensome regulations, eliminate
those we can and reform the others.
taxpayers,
much shorter write-off time than is present-
of
30
ly allowed-a 5-year-write-off for machin-
I have asked Vice President Bush to head
will
also
ery, 3 years for vehicles and trucks, and a
a Cabinet-level Task Force on Regulatory
lead-
10-year write-off for plant. In fiscal year
Relief. Second, I asked each member of my
of
the
1982 under this plan, business would ac-
Cabinet to postpone the effective dates of
tax
on
quire nearly $10 billion for investment; by
the hundreds of new regulations which
1985, the figure would be nearly 45 billion.
have not yet been implemented. Third, in
we
could
These changes are essential to provide
coordination with the Task Force, many of
tands,
the
the new investment which is needed to
the agency heads have already taken
0-percent
create millions of new jobs between now
prompt action to review and rescind exist-
will
call
and 1985 [1986], and to make America
ing burdensome regulations. And finally,
competitive once again in the world
just yesterday I signed an Executive order
while
this
market. These won't be make-work jobs.
that for the first time provides for effective
They are productive jobs, jobs with a
and coordinated management of the regula-
taxpay-
pockets
future.
tory process.
only
a
I'm well aware that there are many other
Much has been accomplished, but it's
built
desirable and needed tax changes, such as
only a beginning. We will eliminate those
"tax
indexing the income tax brackets to protect
regulations that are unproductive and un-
re-
of
wealth
taxpayers against inflation; the unjust dis-
necessary by Executive order where possi-
This
crimination against married couples if both
ble and cooperate fully with you on those
in
are working and earning; tuition tax credits;
that require legislation.
nation-
the unfairness of the inheritance tax, espe-
The final aspect of our plan requires a
and
cially to the family-owned farm and the
national monetary policy which does not
family-owned business; and a number of
allow money growth to increase consistently
113
Proclamations
Proc. 4830
IV
of
Proclamation 4829 of March 23, 1981
/
the
Small Business Week, 1981
IN
By the President of the United States of America
A Proclamation
Two centuries ago in this country, small business owners-the merchants,
the builders, the traders-rebelled against excessive taxation and govern-
ment interference and helped found this Nation. Today we are working to
bring about another revolution, this time against the intolerable burdens in-
flation, over-regulation, and over-taxation have placed upon the Nation's 12
million small businesses, which provide the livelihood for more than 100
million of our people.
To revitalize the Nation, we must stimulate small business growth and op-
aved
portunity. Small business accounts for over 60 percent of our jobs, half of
our business output, and at least half of the innovations that keep Ameri-
can industry strong. The imagination, skills, and willingness of small busi-
also
ness men and women to take necessary risks symbolize the free enterprise
are
foundation of the American economy and must be encouraged.
hera-
I urge all Americans who own or work in a small business to continue their
resourcefulness and successes, for these efforts contribute so much to the
we
entrepreneurial spirit which made this Nation great. It is with justifiable
this
pride that the American small business man can point to himself as the
backbone of our Nation.
duce
NOW, THEREFORE, I, RONALD REAGAN. President of the United States
jority
Fed-
of America, do hereby proclaim the week beginning May 10, 1981, as Small
Business Week. I call upon every American to join me in this tribute.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of
must
cated
March, in the year of our Lord nineteen hundred eighty-one, and of the
Independence of the United States of America the two hundred and fifth.
tates
RONALD REAGAN
ontrol
of
the
Proclamation 4830 of April 2, 1981
ealth
Law Day, U.S.A., 1981
rsons
our
By the President of the United States of America
of
f
the
A Proclamation
fifth.
America was founded on the principles of liberty and the rule of law. And
throughout our Nation's history, the preservation of individual rights has
17
Proc. 4831
Title 3-The President
been dependent upon the dedication of our people to liberty and the
Statistics
institutionalization of its principles in the law of the land.
forcement
Our forefathers' dedication to liberty is clearly expressed in this Nation's
tional pro
great Charters of Freedom: the Declaration of Independence, the Constitu-
felt by the
tion and the Bill of Rights. These documents. which are the very foundation
can produ
families a
of American law. guarantee certain inalienable rights and privileges to
every citizen. Among these are: freedom of speech, freedom of the press,
Lengthy a
freedom of religion, freedom of contract, the right to assemble and petition.
experience
the right of property ownership, and the right to due process of law.
system car
the part of
This year marks the Nation's twenty-fourth annual celebration of Law Day.
We need
U.S.A.-a special day for reflection on our heritage of individual freedom
of victims.
and for rededication to maintaining, through law. the principles of liberty
which govern this land.
pate in the
to the pligl
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
NOW. TH
of America, invite the American people to celebrate Friday, May 1, 1981, as
of America
Law Day, U.S.A., and to mark its observance with programs and ceremo-
nies as befits our great heritage of liberty under law.
tims Rights
criminal ju
I urge clergymen of all faiths to bring to public attention through sermons
of crime, a
and suitable programs the moral and ethical dimensions of law and liberty.
those need
effort to n
I also urge schools, civic, service and fraternal organizations, public bodies.
signed to P
libraries, the courts, the legal profession, all media of public information
that the pe
and interested individuals and organizations to participate in the obser-
vance through programs which will focus on the Law Day 1981 theme:
IN WITNE
Law-the Language of Liberty. To that end, I call upon all public officials to
April. in t
display the flag of the United States on all government buildings on that
Independe
day.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
April, in the year of our Lord nineteen hundred and eighty-one, and of the
Independence of the United States of America the two hundred and fifth.
Proclamat
RONALD REAGAN
Death o
Proclamation 4831 of April 8, 1981
By the Pr
Victims Rights Week, 1981
A Procla
To the Pe
By the President of the United States of America
With sad
A Proclamation
Bradley.
For too long, the victims of crime have been the forgotten persons of our
For sixty
dier-wit
criminal justice system. Rarely do we give victims the help they need or the
as he ros
attention they deserve. Yet the protection of our citizens-to guard them
from becoming victims-is the primary purpose of our penal laws. Thus.
because
each new victim personally represents an instance in which our system has
In World
failed to prevent crime. Lack of concern for victims compounds that failure.
of the I
18
90-002 0-
Proclamations
Proc. 4931
d programs con-
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of
and legislative
April. in the year of our Lord nineteen hundred and eighty-two, and of the
of crime.
Independence of the United States of America the two hundred and sixth.
the United States
RONALD REAGAN
19. 1982, as Crime
S
involved in the
needs of victims
Proclamation 4931 of April 16, 1982
em responsive to
als to join in this
Law Day U.S.A., 1982
for whom it was
of life, to remem-
gedy as well.
By the President of the United States of America
A Proclamation
this 14th day of
ty-two, and of the
The United States serves the world as a model of representative democra-
undred and sixth.
cy, individual freedom and equal justice for all. These three goals of our
Nation, guaranteed by the Constitution and the Bill of Rights and guarded
NALD REAGAN
by the dedication of our people, ensure that the United States will continue
to be a beacon of liberty to oppressed peoples around the globe.
Law Day U.S.A. stands in sharp contrast to "May Day" observances con-
ducted in the Communist world. We have only to look at recent events in
Poland to be reminded of the difference between the rule of force and the
rule of law. While freedom has been repressed in many lands since Law
Day was first observed 25 years ago, it has steadily grown in our own, with
increasing respect for the rights of all members of our society. It is thus fit-
ting that the theme of Law Day, 1982, is "A Generation of Progress."
This 25th celebration of Law Day U.S.A. is also significant in view of this
an Institute of Ar-
particular moment in our history. Two hundred years ago our forefathers,
le honor and con-
having fought and won the Battle of Yorktown, began the final process of
establishing our federal system-the cornerstone of our Republic. This proc-
ess, beginning with the end of the Revolutionary War, progressed through
h their work the
the Articles of Confederation and culminated with the adoption of the Con-
spirit. They have
stitution by the Convention of States on September 17, 1787. Thus, Law Day
nnovation to give
U.S.A., 1982, celebrates not only 25 years of progress, but also 200 years of
ission, through its
progress.
f many of the Na-
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
buildings, majestic
on, D.C.
of America, proclaim Saturday, May 1, 1982, as Law Day U.S.A. and invite
the American people to mark the observance with programs that stress the
di the unique con-
importance of the Constitution to our individual freedoms and our form of
sted me to desig-
government.
are Week.
I urge the clergy of all faiths to bring the moral and ethical dimensions of
the United States
the law to public attention through sermons and suitable programs.
1982 as National
I call upon students and teachers at all levels to study and teach the events
tates and all gov-
and documents that led to the adoption of the Constitution in 1787 and its
remonies and ac-
ratification on June 21, 1788, so that the 200th Anniversary of our Constitu-
the one hundred
tion might be marked by learned discourse on the history and purpose of
nstitute of Archi-
this great Charter of Freedom.
I also call upon public officials to display the flag of the United States on
all government buildings open on May 1, 1982.
43
Proc. 4931
Title 3-The President
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of
United States to d
April, in the year of our Lord nineteen hundred and eighty-two, and of the
Independence of the United States of America the two hundred and sixth.
tomary forenoon p
IN WITNESS WH
RONALD REAGAN
April in the year o
Independence of th
Editorial Note: The President's remarks of Apr. 16. 1982. on signing Proclamation 4931 are printed
in the Weekly Compilation of Presidential Documents (vol. 18, p. 487).
Proclamation 4932 of April 16, 1982
Proclamation 4933 .
Prayer for Peace, Memorial Day, 1982
National Farm S
By the President of the United States of America
By the President of
A Proclamation
A Proclamation
Since the end of the Civil War, Memorial Day has been the time when we
Agriculture, America
honor the American men and women who gave up their lives on the field of
much of the time 0
battle. We do this in recognition of the enormous sacrifice they have made
worker provides en
to preserve our liberty and, also, of the responsibility we bear to transmit
around the world.
liberty to future generations.
We are blessed wit
Memorial Day is an opportunity to remember that those who died in the
If we are to be rea
defense of our country were serving an even higher cause. For all through
products of our agr
our history, America has been a beacon to other peoples, serving as a
methods. We must :
source of political inspiration, a haven for the poor and oppressed, and a
our productive capa
friend to nations in distress. Today, as so often in the past, we stand as a
guarantor of peace. In full accord with our national ideals and responsibil-
Last year nearly 40
ities, we are prepared to assist countries threatened by economic upheaval
them fatally-in ad
or international violence. And we stand ready to work together with other
human suffering, inc
nations to remove the sources of conflict and insecurity and build a firm
While difficult jobs
foundation for peace in the future.
need not be. Most I
In recognition of those Americans to whom we pay tribute today, the Con-
nated or reduced th
gress, by joint resolution of May 11, 1950 (64 Stat. 158), has requested the
and attention to sai
President to issue a proclamation calling upon the people of the United
tion.
States to observe each Memorial Day as a day of prayer for permanent
NOW, THEREFORE
peace and designating a period on that day when the people of the United
of America, do here
States might unite in prayer.
ber 25, 1982, as Nati
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
work on the nation'
of America, do hereby designate Memorial Day, Monday, May 31, 1982, as
conduct of all their
a day of prayer for permanent peace, and I designate the hour beginning in
people and organiza
each locality at 11 o'clock in the morning of that day as a time to unite in
ment into reality by
prayer. I urge the press, radio, television, and all other information media to
forts in every possib
cooperate in this observance.
IN WITNESS WHE
I also request the Governors of the United States and the Commonwealth of
April in the year of
Puerto Rico and the appropriate officials of all local units of government to
Independence of the
direct that the flag be flown at half-staff during this Memorial Day on all
buildings, grounds, and naval vessels throughout the United States and in
all areas under its jurisdiction and control, and I request the people of the
44
Proclamations
Proc. 5052
692.50 and by inserting
the week of April 10 through April 16, 1983, as National Mental Health
Week.
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
of America, do hereby designate the week beginning on April 10, 1983, as
National Mental Health Week. I call upon health professionals, educators,
communications media, the business community, individuals, and public
10% ad val.
and private organizations concerned with the welfare of their fellow citi-
10% ad val."
zens to seek and encourage better understanding of mental disorders and to
honor those whose studies, treatment, and support have brought palpable
gains and welcome hope to the mentally ill.
ended by deleting from
ig rates of duty and by
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
erein:
April, in the year of our Lord nineteen hundred and eighty-three, and of the
Independence of the United States of America the two hundred and sev-
respect to articles entered
nuary 1-
enth.
1984
1985
1986
1987
RONALD REAGAN
Pct.
Pct.
Pct.
Pct.
1)
(4)
(4)
(4)
4.2
4
3.9
3.7
Proclamation 5052 of April 15, 1983
4.2
4
3.9
3.7
effective April 16, 1983.
Law Day U.S.A., 1983
By the President of the United States of America
A Proclamation
Our Founding Fathers were guided by a belief in the dignity of the individu-
al when they framed our system of government. The Constitution and the
Bill of Rights guarantee the blessings of liberty to all, regardless of race,
religion, or national origin. These cherished documents bequeath to all
Americans the right to equal justice under law and the means to safeguard
year and contrib-
this right through the legal system.
proximately 35 mil-
Today marks our Nation's twenty-sixth annual celebration of Law Day, a
sorder. In addition,
day set aside for all Americans to reflect on our legal heritage, the rights
the physical and
we enjoy under our democracy, and the role of law in our society. The
theme of this year's Law Day observance is "Sharing in Justice," highlight-
high cost in human
ing both the rights and the responsibilities of each citizen as a participant
temporary but per-
in shaping and protecting our laws and system of justice.
ppling anxieties, or
Each new generation of Americans inherits as a birthright the legal protec-
ear and misunder-
tions secured, protected, and expanded by the vigilance and sacrifice of
the afflicted and
preceding generations. These rights-freedom of speech, trial by jury, per-
sonal liberty, a representative and limited government, and equal protection
ancements brought
of the laws, to name but a few-give every citizen a vested interest in
s-related disorders
American justice.
added significantly
Active participation in our system serves to protect these interests and pre-
red following treat-
serve them for future generations. It is participation that begins in our own
neighborhoods, at town meetings, and during open sessions of city govern-
reatment, care and
ment. Meaningful sharing and participation in our system of justice must
sionals, volunteers,
start where one is affected most: close to home. This is the basis and
olution 52, has au-
strength of our Federal system. Sharing in justice also means working for
mation designating
objectives within the legal system, voting thoughtfully and intelligently, ex-
47
Proc. 5052
Title 3-The President
pressing views to our elected representatives, serving as jurors, and volun-
In recognition of the spe
teering to make our neighborhoods. schools, and communities better places
Jews, in tribute to the im
for all. The continuous involvement of the people with all levels of govern-
life, and in tribute to the
ment makes our system of justice work.
gress of the United State:
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
requested the President
of America, in accordance with Public Law 87-20 of April 7, 1961, do
Jewish Heritage Week.
hereby proclaim Sunday, May 1, 1983, as Law Day U.S.A., and I invite the
NOW, THEREFORE, I, R
American people to observe this event with programs emphasizing the need
of America, do hereby
for each citizen to share and participate in our system of justice.
Jewish Heritage Week. I
I call upon the legal profession, schools, civic, service, and fraternal organi-
State and local governm
zations, public bodies, libraries, the courts, all media of public information,
serve that week with app
business, the clergy, and all interested individuals and organizations to
focus attention on our Nation's dedication to justice. I also call upon all
IN WITNESS WHEREOF
public officials to display the flag of the United States on all government
April, in the year of our I
buildings open on Law Day, May 1, 1983.
Independence of the Uni
enth.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
April, in the year of our Lord nineteen hundred and eighty-three, and of the
Independence of the United States of America the two hundred and sev-
enth.
RONALD REAGAN
Proclamation 5054 of Apri
Death of Federal Dip
Proclamation 5053 of April 19, 1983
Lebanon
Jewish Heritage Week, 1983
By the President of the United States of America
By the President of the U
A Proclamation
A Proclamation
American Jews have made significant contributions to every phase of
As a mark of respect foi
American life. They have served this Nation by fighting for her freedom,
loyal staff members who
building her industry, working for her goals, and nurturing her dreams.
April 18, 1983, in the tragi
They have brought distinction to every field of American endeavor and
Lebanon, I hereby order,
have participated in the cultural development, economic growth, and spirit-
dent of the United State
ual progress of America.
United States Code, that
The Jewish people remain dedicated to ancient and revered traditions
staff upon all public buil
which have been severely tested over the centuries. From the observance of
stations, and on all nava
Passover, which tells the story of the passage from bondage to freedom and
of Columbia and through
rekindles the hope for all who are oppressed, through the participation in
sessions through Tuesday
the National Days of Remembrance honoring the victims and survivors of
flown at half-staff for the
the Holocaust and the anniversary of the Warsaw Ghetto Uprising, Jews
sies, legations, consular
pay tribute to their past.
military facilities and nav
Each spring, the American Jewish community remembers its struggles, cele-
IN WITNESS WHEREOF
brates its achievements, and renews its commitment to a future of contin-
April, in the year of our I
ued advancement. It is during this time that American Jews renew their
Independence of the Uni
common heritage with Jews throughout the world by celebrating such occa-
enth.
sions as Israel's Independence Day and Solidarity Day for Soviet Jews. In
particular. these Jewish traditions have been honored in 1983 by the Ameri-
can Gathering of Holocaust Survivors.
48
LAW DAY U.S.A., 1984
5175
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
May 1, 1984 is Law Day U.S.A., a time to affirm the
essential role of the rule of law in the development and
preservation of our free society.
This year's Law Day theme, "Law Makes Freedom Work,"
captures the essence of our heritage as a Republic. Our
unique experience demonstrates that law and freedom must be
indivisible partners. For without law, there can be no
freedom, only chaos and disorder; and without freedom, law is
but a cynical veneer for injustice and oppression.
The guarantees of freedom embodied in our Constitution
and the Bill of Rights are a continuing legacy, enhancing the
lives of our citizens and serving as an inspiration to people
around the world. One of our Nation's strongest principles is
that voluntary adherence to the rule of law expands, rather
than limits, the opportunities for freedom.
For twenty-seven years, we have set aside this day as a
time for reflection upon and celebration of the vital bond
between liberty and the rule of law that gives life to our
national goals and ideals. It is also an opportunity for all
Americans to improve their understanding and appreciation of
the contribution law makes to the preservation of freedom.
NOW, THEREFORE, I, RONALD REAGAN, President of the
United States of America, in accordance with Public Law 87-20
of April 7, 1961, do hereby proclaim Tuesday, May 1, 1984 as
Law Day U.S.A. I urge the people of the United States to use
this occasion to renew their commitment to the rule of law and
to reaffirm our dedication to the partnership of law and
2
liberty. I also urge the legal profession, schools, civic,
service and fraternal organizations, public bodies, libraries,
the courts, the communications media, business, the clergy,
and all interested individuals and organizations to join in
efforts to focus attention on the need for the rule of law. I
also call upon all public officials to display the flag of the
United States on all government buildings open on Law Day,
May 1, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand this
ninth
day of April, in the year of our Lord
nineteen hundred and eighty-four, and of the Independence of
the United States of America the two hundred and eighth.
Ronald Reoyan
The Declaration of Independence not only proclaimed our
freedom from Great Britain, it also set forth the principles
for which the Founding Fathers were willing to pledge their
lives, fortunes, and sacred honor: "that all men are
created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness." The battles of the
Revolution secured the independence proclaimed in the
Declaration; it remained for the revolutionaries to put the
ideals of liberty into practice. History has recorded many
tragic episodes that bear witness to President Filmore's
caution "that revolutions do not always establish freedom."
Our's did, largely because it was shortly followed by the
framing of the Constitution, what the great American
historian George Bancroft termed "the most cheering act in
the political history of mankind."
One of our more able statesmen and constitutional lawyers,
Daniel Webster, once wrote: "We may be tossed upon an ocean
where we can see no land -- nor, perhaps, the sun or stars.
But there is a chart and a compass for us to study, to
consult, and to obey. The chart is the Constitution." For
nearly two hundred years the Constitution has endured, with
relatively few amendments, as a blueprint for freedom.
- 2 -
In commemorating the bicentennial of the Constitution we
celebrate not simply the historical event that took place in
Philadelphia on September 17, 1787, but the process by which
we govern ourselves today.
The very notion of self-government was novel when the
Framers embarked upon the experiment of the Constitution.
James Madison, in the Federalist Papers, found it necessary
to urge his fellow citizens not to oppose ratification of
the Constitution because of its novelty. Madison argued
that it was the glory of the American people that they were
not blindly bound to the past but willing to rely on "their
own good sense" and experience in charting their course for
the future. "To this manly spirit posterity will be
indebted for the possession, and the world for the example,
of the numerous innovations displayed on the American
theater in favor of private rights and public happiness."
Madison's prediction has proved true. We are indebted to
the Framers for their brave willingness to govern
themselves, and the world is indebted to America for the
example it continues to provide of democratic
self-government. But while the Framers had to overcome the
fear of the new, we must now equally fight against
complacency toward the old. There is the danger that a
people that has lived with freedom under law for two
- 3 -
centuries may forget how rare and precious that condition
is.
An active and informed citizenry is necessary to the
effective functioning of our Constitutional system. As
Chief Justice John Marshall, who knew a thing or two about
the Constitution, once wrote, "the people make the
Constitution, and the people can unmake it. It is the
creature of their own will, and lives only by their will."
All of us have an obligation to study the Constitution and
actively participate in the system of self-government it
establishes. This is an obligation we owe not only to
ourselves and our posterity, but to the Framers, who risked
everything for freedom, and to the brave men and women
throughout our history who have preserved the Constitution,
often at the cost of their lives. There is no better time
than this bicentennial period to refamiliarize ourselves
with the Constitution, and rededicate ourselves to the
values it embodies.
The central challenge confronting the Framers of the
Constitution was to create a strong national government
without at the same time permitting that government to
threaten the liberties so recently won. Experience under
the Articles of Confederation had demonstrated the
inadequacies of a weak government "destitute of energy," yet
the Framers' experience under the colonial rule of George
- 4 -
III had demonstrated the threat posed by strong central
government. The challenge was to reconcile those two
experiences. As Madison wrote, the difficulty was "com-
bining the requisite stability and energy in government with
the inviolable attention due to liberty and to the republican
form."
The solution embraced by the Framers was to diffuse the
national governmental authority. Power was to be shared
among separate institutions -- The Legislature, the
Executive, and the Judiciary. - in order that no single
branch could become so powerful as to threaten the liberties
of the people. In considering the allocation of authorities
in the Constitution, it is important to keep in mind the
purpose of this considered allocation -- nothing less than
the preservation of liberty. This is what Hamilton meant
when he wrote that the unamended Constitution "is itself, in
every rational sense, and to every useful purpose, a bill of
rights." Our liberties have been preserved in large part
because of the allocation of powers in the Constitution.
This central fact - that the unamended Constitution is
itself a bill of rights, and that the allocation of powers
in the Constitution is preservative of liberty -- imposes a
special obligation on those who hold office under the
Constitution. Those officials must not only discharge their
responsibilities but must also respect the constitutional
restraints on their offices and, equally important, preserve
- 5 -
the constitutional prerogatives of their offices. Any
individual President is a trustee of the powers of the
office, and cannot yield those powers for expediency or any
other purpose. There may be times when a President would
prefer to have another branch make a difficult decision or
take action vested in the executive, or when a President
would be willing to countenance an intrusion on his powers
to achieve a particular result. At such times the Chief
Executive must recall that powers were allocated in the
Constitution not simply for efficiency but to preserve
liberty. In defending the Constitutional prerogatives of
the office the President is protecting liberty by fulfilling
the Framers' design.
The Framers looked primarily to the President to provide the
critical element of "energy" in the government. The problem
with the government of the Articles of Confederation was
that it was "destitute of energy." The drafters of the
Constitution redressed that problem by vesting in the
Executive "competent powers" to lead the Nation. As
Hamilton wrote:
- 6 -
Energy in the executive is a leading character
in the definition of good government. It is
essential to the protection of the community
against foreign attacks; it is not less
essential to the steady administration of the
laws; to the protection of property against
those irregular and high-handed combinations
which sometimes interrupt the ordinary course
of justice; to the security of liberty against
the enterprises and assaults of ambition, of
faction, and of anarchy.
The President's popular mandate justified this grant of
The President and
authority. Other than the Vice President with whom he runs9 I
are
the President is the only officials in our government elected
through a process involving all the voters. Only the
President can claim to speak for all the people, because, as
Hamilton wrote, his selection looks "in the first instance
to an immediate act of the people of America." The office
of President has "a due dependence on the people, and a due
responsibility."
- 7 -
Perhaps the most pervasive responsibility of the President
is to administer the executive branch. The Framers of our
Constitution were practical men who recognized, as Hamilton
wrote, "that the true test of good government is its
aptitude and tendency to produce a good administration."
The people look ultimately to the President to ensure the
efficient performance of duty by the millions of federal
employees scattered among the various departments and
agencies across the land. I doubt that any of the Framers,
prescient as they were, could have imagined the size and
scope of today's Federal establishment. They nonetheless
afforded the Presidency the tools to meet the responsibility
vested in that office "to produce a good administration. "
The key constitutional authority implementing the
President's responsibility for administration of the
government is his appointment power. The Constitution
provides that the President shall nominate, and by and with
the advice and consent of the Senate shall appoint, the
officers of the United States.
The Framers gave the
President the responsibility to "take Care that the Laws be
faithfully executed, # and gave him the power to appoint the
officers that assist him in discharging that responsibility.
X
In the landmark case of Myers V. United States, Chief
Justice Taft, a former President, wrote that it was a
"reasonable implication" from the President's obligation to
execute the laws that "he should select those who were to
- 8 -
act for him under his direction in the execution of the
laws. " The Chief Justice went on to recognize the principle
that the President's appointment power carried with it the
corollary power to remove those officers in whom he could no
longer place his confidence: "as his selection of
administrative officers is essential to the execution of
laws by him, so must be his power of removing those for whom
he can not continue to be responsible." While there are
limited circumstances in which officers are not removable by
to
the President, the basic rule is that the President appoints
appoint
and
and may remove at will the officers of the United States
the
officers
This power, as the Framers recognized, is necessary if the
of
the
President is to be responsible for the faithful execution of
United
states
the laws and the provision of "a good administration."
The challenge confronting the modern Presidency is to
"produce a good administration" when the Federal
establishment has grown so far beyond anything the Framers
could have imagined. It is an amazing fact that there are
more Federal employees in America today than there were
people when the Framers drafted the Constitution. Perhaps
President Washington could play an active role in
supervising the details of the first administration; it is
now the responsibility of his successors to create the
mechanisms for control and coordination of the executive
- 9 -
branch. One such mechanism is Executive Order 12291, which
I issued during my first month in office. Executive Order
12291 for the first time provided effective and coordinated
issued by
management of the regulatory process. Under the executive
Executive
order, all Federal regulations/ must be reviewed by the
departments and
agencies
Office of Management and Budget before being issued to
they
conform
determine whether their social benefits will exceed their
to the
President's
social costs. The Administration has issued a comprehensive
policies
and to
statement of regulatory policy, and established procedures
consider,
to the
to ensure that this policy is reflected in the actions of
extent
possible,
individual agencies.
whether
Other initiatives include the recent establishment of the
President's Council on Management Improvement, an
interagency committee charged with improving management and
administration throughout the Government; the continuing
efforts of the President's Council on Integrity and
Efficiency, established in 1981, to root out fraud, waste,
and mismanagement; and the comprehensive review of the
functioning of the Government undertaken by the President's
Private Sector Survey on Cost Control. Given the size and
scope of the Federal bureaucracy, the Framers' admonition
that the Executive "produce a good administration" requires
careful and continuous attention to regulatory and
management reform.
- 10 -
At the same time, however, it is fitting to consider whether
the Federal Government is today trying to do too much. The
Framers did not vest in the national government the
responsibility of solving all the problems that might
confront the citizens of the Republic; the early Americans
were too jealous of their freedom to sanction such an
expansive view of central authority. It is the
responsibility of the President not only to manage
government efficiently, but also to offer leadership in
recognizing that spending by government must be limited to
those functions that are the proper responsibility of
government, and taxing by government must be limited to
providing revenue for legitimate government purposes.
The President has no more important responsibility under the
Constitution than the conduct of foreign affairs. As John
Marshall noted on the floor of the House of Representatives,
"The President is the sole organ of the nation in its
external relations, and its sole representative with foreign
nations." In the famous Curtiss-Wright decision of 1936,
the Supreme Court agreed with Marshall's assessment: "In
this vast external realm, the President alone has the power
to speak or listen as a representative of the nation." The
President's powers in this area derive from the general
grant of executive power, and the more specific grants of
- 11 -
authority to make treaties and appoint our ambassadors and
receive those of other nations, and his role as Commander in
Chief of the armed forces.
The Framers recognized that of the two democratic branches
only the Executive possessed the requisite attributes for
the successful conduct of foreign relations. Hamilton noted
in his description of the executive that "Decision,
activity, secrecy, and dispatch will generally characterize
the proceedings of one man in a much more eminent degree
than the proceedings of any greater member," and John Jay --
himself one of our most successful early diplomats -- argued
that "the President will have no difficulty to provide"
those qualities, though they were beyond the capability of a
basically deliberative body such as Congress. As Hamilton
argued, "The qualities
indispensible in the management of
foreign negotiations point out the executive as the most fit
agent in those transactions
"
When it came to the defense of the Nation, the Framers were
even more unambiguous. Hamilton, who served at General
Washington's side during the War of Independence, knew that
"the direction of war most peculiarly demands those
qualities which distinguish the exercise of power by a
single hand. The direction of war implies the direction of
the common strength; and the power of directing and
- 12 -
employing the common strength forms a usual and essential
part in the definition of the executive authority." In the
areas of defense and foreign affairs the Nation must speak
with one voice, and only the President is capable of
providing that voice.
denigrate the role of
This is not to say that Congress has no role in the
development of foreign policy. On the contrary, the Framers
required the assent of two thirds of the Senators to a
treaty, and of course only Congress possesses the power to
declare war. Even beyond those defined roles the support of
Congress has been indispensable to an effective foreign
policy throughout our history.
The 1970s saw a rapid rise in Congressional efforts to
affect directly the formulation and implementation of
A large
number of
foreign policy by the Executive. Over 100 separate
prohibitions and restrictions on Presidential authority were
enacted in the areas of trade, human rights, arms sales,
deplayment of
U.S. Armed
foreign aid, intelligence operations, and the dispatch of
Forces
abroad.
troops in times of crisis Scholars and officials have
differing views on the constitutionality of several of these
initiatives. What is important to note, however, is that
efforts by Congress to participate in the development of
American foreign policy must be accompanied by a recognition
of the concomitant responsibility for the development of
- 13 -
bipartisan consensus. We need to restore the honorable
American tradition that partisan politics stops at the
water's edge. As Congress attempts to augment its foreign
policy role it must ensure that the result is not simply
multiple, and perhaps
voices
that America presents a discordant cacophony to the world,
to the detriment of its security and interests. The
President -- "the sole organ of the nation in its external
relations" -- must continually seek the means of developing
a bipartisan, Legislature-Executive consensus on America's
role in the world and the means of safeguarding that role.
As Congress increasingly enters the foreign policy realm it
too must recognize a greater responsibility for developing
such a consensus.
Apart from the President's executive functions, the
Constitution accords him a significant role in the
legislative process. The President has not merely the power
but the duty "from time to time to give to the Congress
Information of the State of the Union, and recommend to
their Consideration such Measures as he shall judge
necessary and expedient." The people have grown to expect
leadership from the President not only in executing the laws
but also in presenting a legislative program to Congress for
consideration.
- 14 -
Perhaps the most prominent of the President's legislative
powers is his qualified veto power. This power is qualified
in the sense that a bill returned by the President with his
disapproval can nonetheless be enacted by a two-thirds vote
of both Houses. The Framers accorded the President a veto
power for two purposes. First, the Framers recognized the
"propensity of the legislative department to intrude upon
the rights, and to absorb the powers, of the other
departments," and provided the President a veto so that he
could defend the prerogatives of his office. The second
purpose of the veto is as "an additional security against
the enactment of improper laws." As Hamilton wrote:
The primary inducement to conferring the power
in question upon the executive is to enable him
to defend himself; the secondary one is to in-
crease the chances in favor of the community
against the passing of bad laws, through haste,
inadvertence, or design.
The unique perspective the President can bring to bear in
reviewing legislation was recognized by Chief Justice Taft:
The President is a representative of the people
just as the members of the Senate and of the House
are, and it may be, at some times, on some subjects,
- 15 -
that the President elected by all the people is
rather more representative of them all than are the
members of either body of the Legislature whose
constituencies are local and not countrywide.
The intent of the Framers in providing the President a
qualified veto power has been frustrated to a large extent
by the development of the Congressional practice of
combining various items in a single appropriations bill.
The Framers undoubtedly anticipated that Congress would pass
separate appropriations bills for discrete programs or
activities, and the President would be able to review each
(Civil)
program. Until about the time of the/War, Between the
States, this was the practice of Congress. Since that time,
however, Congress has increasingly combined various items of
appropriation in omnibus appropriations bills. This
practice makes it difficult for the President to discharge
the responsibility vested in him by the Framers, because he
cannot consider the individual items of appropriations
separately but must either veto or approve the package as a
whole. The President is thus prevented from using his veto
as the Framers intended, "to increase the chances in favor
of the community against the passing of bad laws, through
haste, inadvertence, or design."
- 16 -
It is for this reason that we have proposed restoring the
Framers' original design through a constitutional amendment
granting the President line-item veto authority. The
constitutions of no fewer than 43 states grant some such
authority to the governor, and the experience at the state
level suggests a line-item veto would work well at the
Federal level.
The powers of the Presidency are limited powers, and the
President discharges his constitutional responsibilities in
a system according other powers to the coordinate branches
of the Legislature and the Judiciary. As the Supreme Court
has remarked, there is a "never-ending tension between the
President exercising the executive authority in a world that
presents each day some new challenge with which he must deal
and the Constitution under which we all live and which no
one disputes embodies some sort of system of checks and
balances." The members of all three branches take an oath
to uphold the Constitution, and it is a tribute not only to
the genius of the Framers but also to the statesmanship of
those who have held office under the Constitution that the
system has worked as well as it has.
Thomas Jefferson called the Presidency "a splendid misery."
The Framers intended, as Hamilton wrote, that "the executive
should be in a situation to dare to act his own opinion with
- 17 -
vigor and decision." The President has at his disposal the
advice of learned advisors, and he can consult with the
Congress, but the difficult and potentially momentous
decisions vested by the Constitution in the Executive are,
in the final analysis, his alone to make. Our most tested
President, Abraham Lincoln, announced a guide for making
those decisions that has not been improved upon:
I desire to conduct the affairs of this
Administration that if, at the end, when
I come to lay down the reins of power, I
have lost every other friend on earth, I
shall at least have one friend left, and
that friend shall be down inside of me.
As we prepare to commemorate the bicentennial of the
Constitution, let us honor the memory of the Framers who
drafted our blueprint for freedom, as well as those who,
like Lincoln, did not permit their dream to die. But let us
also recognize the workings of a greater force. The signers
of the Declaration of Independence acted with "a firm
reliance on the Protection of Divine Providence," and
Madison, reviewing the work of the Constitutional
Convention, noted that "It is impossible for the man of
pious reflection not to perceive in it a finger of that
Almighty hand which has been so frequently and signally
- 18 -
extended to our relief in the critical stages of the
revolution. " What President Cleveland said on the occasion
of the centennial of the Constitution rings even truer
today:
When we look down upon 100 years and see the
origin of our Constitution, when we contemplate
all its trials and triumphs, when we realize how
completely the principles upon which it is based
have met every national need and national peril,
how devoutly should we say with Franklin, "God
governs in the affairs of men. "
Foreword
HE
PRESIDENCY
"a
splendid
prosperous condition, and to live in the
T
misery," said Thomas Jefferson. He
affections and respect of my countrymen."
would lament the "loss of friends"
Those words symbolized the reason for a
caused by its hard decisions. Teddy Roose-
fledgling Nation's survival and growth: the
velt said it was a chance to make "some
honesty of her good intentions.
kind of a place in history." But he would
Today, the very basis of those good inten-
note that even a President's powers are
tions-the idea of self-government under
limited: "Sometimes I wish I could be Presi-
God-is gravely challenged. Yet, reading
dent and Congress too."
these pages, one cannot help but take heart
Woodrow Wilson would write of his du-
that always, at the moment of great crisis,
ties, " I am staggering under a burden
America has mustered more than good in-
of work which there are not enough hours
tentions. She has found wise leadership,
for me to dispose of The scholar-
resolute spirit, and decisive action.
President would later lament, "The more I
A President must be the source of a good
succeed in directing things the more I am
part of that leadership, spirit, and action.
depended on for leadership. And
Har-
The President must speak for America and
ry Truman, blunt as usual, succinct as usu-
set her national agenda. And although the
al, reflected that "being a President is like
President can shape events in this way, he
riding a tiger. A man has to keep on riding
must also respect and reflect the desires of
or be swallowed."
his countrymen. This is the paradox of pub-
Today the office remains what it was for
lic office, and especially the high office of
those Presidents: an opportunity, a burden,
the Presidency: One must serve the people
sometimes a delight, always a tiger.
but be willing to lead them, too-sometimes
In those first few days after an inaugura-
in new or controversial directions.
tion, before an administration settles in, a
No one suffered more while performing
President and those who work with him will
his duties as President, and no one stood
frequently find themselves stopping short,
more upright, than did Abraham Lincoln. It
perhaps at the South Portico awaiting the ar-
should not surprise us that it was Lincoln
rival of a foreign leader, or during a walk
who stated a simple but eloquent criterion
from the West Wing past the Rose Garden
for success: "I desire to so conduct the af-
into the residence. Suddenly, inexplicably,
fairs of this Administration that if, at the
the force of history causes them to reflect on
end, when I come to lay down the reins of
the greatness of this office and of the men
power, I have lost every other friend on
who have served in it before them. The sto-
earth, I shall at least have one friend left,
ry of that greatness is found in the pages of
and that friend shall be down inside of me."
this book. A few of our Presidents were
There is good advice here, and not just for
greatly gifted; some made notable mistakes;
Presidents. It is good advice for all citizens.
many were good-hearted; most did their
One's first duty is always to conscience,
best; all were patriots.
which is another way of saying to God and
Summarizing the intentions of those who
to human freedom. The recognition of this
have occupied this office, one President,
duty inspired those who helped build this
James Buchanan, had this to say:
I
Nation, and I am confident it will continue
have no other object of earthly ambition
to inspire Americans during the proud cen-
than to leave my country in a peaceful and
turies and many Presidencies ahead.
Ronald Reagan