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ACTION: If you would like to send Senator John Cornyn a letter to comment on the current bill to overturn EO13233, visit our online letter generator.

What is an Executive Order?

Executive Orders are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. The Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. Presidents of the United States have been issuing executive orders since 1789.

The President's source of authority to issue Executive Orders (Orders issued by President Bush) can be found in the Article II, Section 1 of the Constitution that grants to the President the "executive Power." Section 3 of Article II directs the President to "take Care that the Laws be faithfully executed" and Executive Orders are described as offering guidance to federal agencies that enforce the laws.

Background on Executive Order 13233

In 1978, Congress passed the Presidential Records Act. The move was spurred by a fear that former President Richard Nixon would never allow public access to his papers. The Act says that a former president’s papers belong to the American people and will be made available to the public and managed by the archivist of the United States.

Presidential papers - except for particularly sensitive documents - must be made public 12 years after a president left office. After the 12-year waiting period, almost all documents, except those concerning on national security must be made public.

In November 2001, Bush issued Executive Order 13233. The order was issued a little more than a month after the Sept. 11 terrorist attacks on the World Trade Center and Pentagon and two months before the 12-year clock would have run out for Reagan-era records. The order stated former chief executives, starting with President Reagan, could block release of any records for any reason and any length of time.

Bush's Executive Order also limits what types of papers are available by expanding the scope of what is considered a sensitive document. Under his order, communications between the president and his advisors and legal advice given to the president is now considered sensitive and protected from release.

Bush's order restricts access by forcing all requests for documents to be approved by both the former president and current White House. The Executive Order also extends executive privilege to vice-presidents for the first time.

The order allows former presidents to have someone act on their behalf to declare papers sensitive, which means a president's heirs to assert claims of executive privilege after his death, with no time limit.

With Bush’s Executive Order in place, presidential papers can be concealed for many years after a president's death.

The executive order currently affects former presidents Ronald Reagan, George Bush Sr. and Bill Clinton. Ronald Reagan is the only former president to date who has invoked the order. In response to a 2002 records request at his library in Simi Valley, Calif., he asked the National Archives to withhold 11 documents. Two of the documents were later released.

What does it mean to the Bush Library proposal?

Bush could similarly invoke the order when his 12-year grace period is up and it is time to release his presidential papers to the Bush library. The resources of the library could thus be severely limited. With the order, Bush has the power to keep all of the papers related to his administration inaccessible by the public—the secrecy of the papers would diminish their value as learning tools and the added learning value of the Bush library is what most cite as the main reason to support the complex.

The SMU History Department made an argument against Executive Order 13233 in The Daily Campus and stated:

“We believe that the greatest benefit to SMU of having a presidential library will be to make the university a center of serious research on matters of the highest public import. We recognize that the records of this Administration will be of immense historical and civic interest. We believe that like its counterparts, the proposed George W. Bush Presidential Library should be a place of serious study and discussion, to the fullest extent and at the earliest time possible as mandated by the statute that makes the library possible.”

The Faculty Senate passed a resolution asking for the order to be repealed. (DC coverage of the meeting) (DMN coverage of the meeting)

The significance of the order and its high public interest is why New York Times writer Ralph Blumenthal felt the controversy surrounding the library was pubic knowledge. Read about his decision to cover a closed faculty senate meeting to report on the discussion and its Executive Order 13233 implications.

Is anything being done?

Yes–On March 16 Sen. Jeff Bingaman of New Mexico and Sen. Patrick Leahy introduced legislation that would repeal President Bush's Executive Order 13233.

The proposed legislation would overturn Bush's Executive Order and establish a permanent process that would restore the public's access to presidential papers.

Despite the threat of a White House veto made by the president, the House of Representatives voted 333-93 to repeal Executive Order 13233. The House vote is enough to override any potential veto.

In a report accompanying that bill, the committee wrote that Bush's executive order "violates both the letter and the spirit of the Presidential Records Act of 1978," which first established public ownership of presidential records.

What YOU can do

As of March 15, the legislation that would repeal Executive Order 13233 has been referred to the Senate Judiciary Committee. It was received in the Senate and read twice, then passed on to the Committee on Homeland Security and Governmental Affairs.

The Senate Judiciary Committee currently has 19 members; Texas Senator John Cornyn is one of them.

The committee meets to debate and consider amendments to a measure under consideration. The committee decides whether the measure pending will be recommended to the full Senate by voting. The measure must receive a majority vote to be recommended to the Senate.

It’s important that Sen. Cornyn votes for the legislation in question that will repeal the Executive Order. Please fill out this form which sends an e-mail to Sen. Cornyn encouraging the American government be accessible to the people.

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	Executive Order 13233 ACTION: If you would like to send Senator John Cornyn a letter to comment on the current bill to overturn EO13233, visit our online letter generator. What is an Executive Order? Executive Orders are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. The Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. Presidents of the United States have been issuing executive orders since 1789. The President's source of authority to issue Executive Orders (Orders issued by President Bush) can be found in the Article II, Section 1 of the Constitution that grants to the President the "executive Power." Section 3 of Article II directs the President to "take Care that the Laws be faithfully executed" and Executive Orders are described as offering guidance to federal agencies that enforce the laws. Background on Executive Order 13233 In 1978, Congress passed the Presidential Records Act. The move was spurred by a fear that former President Richard Nixon would never allow public access to his papers. The Act says that a former president’s papers belong to the American people and will be made available to the public and managed by the archivist of the United States. Presidential papers - except for particularly sensitive documents - must be made public 12 years after a president left office. After the 12-year waiting period, almost all documents, except those concerning on national security must be made public. In November 2001, Bush issued Executive Order 13233. The order was issued a little more than a month after the Sept. 11 terrorist attacks on the World Trade Center and Pentagon and two months before the 12-year clock would have run out for Reagan-era records. The order stated former chief executives, starting with President Reagan, could block release of any records for any reason and any length of time. Bush's Executive Order also limits what types of papers are available by expanding the scope of what is considered a sensitive document. Under his order, communications between the president and his advisors and legal advice given to the president is now considered sensitive and protected from release. Bush's order restricts access by forcing all requests for documents to be approved by both the former president and current White House. The Executive Order also extends executive privilege to vice-presidents for the first time. The order allows former presidents to have someone act on their behalf to declare papers sensitive, which means a president's heirs to assert claims of executive privilege after his death, with no time limit. With Bush’s Executive Order in place, presidential papers can be concealed for many years after a president's death. The executive order currently affects former presidents Ronald Reagan, George Bush Sr. and Bill Clinton. Ronald Reagan is the only former president to date who has invoked the order. In response to a 2002 records request at his library in Simi Valley, Calif., he asked the National Archives to withhold 11 documents. Two of the documents were later released. What does it mean to the Bush Library proposal? Bush could similarly invoke the order when his 12-year grace period is up and it is time to release his presidential papers to the Bush library. The resources of the library could thus be severely limited. With the order, Bush has the power to keep all of the papers related to his administration inaccessible by the public—the secrecy of the papers would diminish their value as learning tools and the added learning value of the Bush library is what most cite as the main reason to support the complex. The SMU History Department made an argument against Executive Order 13233 in The Daily Campus and stated: “We believe that the greatest benefit to SMU of having a presidential library will be to make the university a center of serious research on matters of the highest public import. We recognize that the records of this Administration will be of immense historical and civic interest. We believe that like its counterparts, the proposed George W. Bush Presidential Library should be a place of serious study and discussion, to the fullest extent and at the earliest time possible as mandated by the statute that makes the library possible.” The Faculty Senate passed a resolution asking for the order to be repealed. (DC coverage of the meeting) (DMN coverage of the meeting) The significance of the order and its high public interest is why New York Times writer Ralph Blumenthal felt the controversy surrounding the library was pubic knowledge. Read about his decision to cover a closed faculty senate meeting to report on the discussion and its Executive Order 13233 implications. Is anything being done? Yes–On March 16 Sen. Jeff Bingaman of New Mexico and Sen. Patrick Leahy introduced legislation that would repeal President Bush's Executive Order 13233. The proposed legislation would overturn Bush's Executive Order and establish a permanent process that would restore the public's access to presidential papers. Despite the threat of a White House veto made by the president, the House of Representatives voted 333-93 to repeal Executive Order 13233. The House vote is enough to override any potential veto. In a report accompanying that bill, the committee wrote that Bush's executive order "violates both the letter and the spirit of the Presidential Records Act of 1978," which first established public ownership of presidential records. What YOU can do As of March 15, the legislation that would repeal Executive Order 13233 has been referred to the Senate Judiciary Committee. It was received in the Senate and read twice, then passed on to the Committee on Homeland Security and Governmental Affairs. The Senate Judiciary Committee currently has 19 members; Texas Senator John Cornyn is one of them. The committee meets to debate and consider amendments to a measure under consideration. The committee decides whether the measure pending will be recommended to the full Senate by voting. The measure must receive a majority vote to be recommended to the Senate. It’s important that Sen. Cornyn votes for the legislation in question that will repeal the Executive Order. Please fill out this form which sends an e-mail to Sen. Cornyn encouraging the American government be accessible to the people.

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