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61-493: In 1931, the refuge was established under executive order to carry out three central goals: First, the refuge was to provide a habitat for the "antelope" (more properly called the pronghorn ), an animal whose population was in decline during the early 1900s. Second, conservation efforts were put forth to protect native fish, wildlife, and plants. The refuge contains the Virgin Valley Opal Mining District which

122-541: A Congressional override of an executive order is a nearly impossible event, because of the supermajority vote required, and the fact that such a vote leaves individual lawmakers vulnerable to political criticism. On July 30, 2014, the US House of Representatives approved a resolution authorizing Speaker of the House John Boehner to sue President Obama over claims that he exceeded his executive authority in changing

183-584: A President of the United States of America." Sections   2 and   3 describe the various powers and duties of the president, including "He shall take care that the Laws be faithfully executed". The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to

244-509: A key provision of the Affordable Care Act ("Obamacare") on his own and over what Republicans claimed had been "inadequate enforcement of the health care law", which Republican lawmakers opposed. In particular, Republicans "objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage". The suit was filed in

305-408: A later fiscal year . The governor may also call the legislature into special session . There are also other uses for gubernatorial executive orders. In 2007, for example, Sonny Perdue , the governor of Georgia, issued an executive order for all its state agencies to reduce water use during a major drought . The same was demanded of its counties ' water systems as well, but it was unclear whether

366-464: A law put forth by the Congress or the Constitution. Presidents since that decision have generally been careful to cite the specific laws under which they act when they issue new executive orders; likewise, when presidents believe that their authority for issuing an executive order stems from within the powers outlined in the Constitution, the order instead simply proclaims "under the authority vested in me by

427-476: A particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. Executive orders issued by state governors are not the same as statutes passed by state legislatures. State executive orders are usually based on existing constitutional or statutory powers of the governor and do not require any action by the state legislature to take effect. Executive orders may, for example, demand budget cuts from state government when

488-611: A practical presidential tool for policy making because of the perception that proclamations are largely ceremonial or symbolic in nature. However, the legal weight of presidential proclamations suggests their importance to presidential governance. Cedarville, California Cedarville (formerly Surprise Valley and Deep Creek ) ( Northern Paiute : pasɨɨbi ) is a census-designated place located 20 miles (32 km) east of Alturas , at an elevation of 4,652 feet (1,418 m), in Modoc County , California . Its population

549-663: A sequential number, after receipt of the signed original from the White House and printing the text of the executive order in the daily Federal Register and eventually in Title   3 of the Code of Federal Regulations . With the exception of William Henry Harrison , all presidents since George Washington in 1789 have issued orders that in general terms can be described as executive orders. Initially, they took no set form and so they varied as to form and substance. The first executive order

610-451: A swimming pool and shower house in the campground. The dominant plant life consists of drought-tolerant species such as sagebrush , juniper , mountain mahogany , bitterbrush , and aspen . In this forbidding landscape lives a large population of free-range fauna . Desert fishes, greater sage-grouse , migratory birds, mule deer , and the pygmy rabbit are all residents, with the pronghorn – North America's fastest land mammal – being

671-454: Is Denio, Nevada , 14 miles from the refuge's eastern boundary. The nearest divided highway is Interstate 80 in Winnemucca, Nevada , approximately 100 miles to the south. County Road (formerly Nevada State Route) 8A connects to California State Route 299 , which then connects to Cedarville, California and eventually Crescent City, California . The population of Sheldon horses

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732-574: Is 437 as of the 2020 census, down from 514 at the 2010 census. Cedarville is located at 41°31' North, 120°10' West (41.31, -120.17). According to the United States Census Bureau , the CDP covers an area of 5.4 square miles (14 km ), 99.92% of it land, and 0.08% of it water. The largest town in Surprise Valley, Cedarville is located on the alluvial apron at the mouth of Cedar Canyon, on

793-592: Is California Historical Landmark number 14. California Historical Landmark number 14 reads: The 2010 United States Census reported that Cedarville had a population of 514. The population density was 94.4 inhabitants per square mile (36.4/km ). The racial makeup of Cedarville was 422 (82.1%) White , 1 (0.2%) African American , 15 (2.9%) Native American , 0 (0.0%) Asian , 0 (0.0%) Pacific Islander , 59 (11.5%) from other races , and 17 (3.3%) from two or more races. Hispanic or Latino of any race were 86 persons (16.7%). The Census reported that 490 people (95.3% of

854-473: Is a directive by the president of the United States that manages operations of the federal government . The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of

915-418: Is derived from Cedarville, Ohio . As branch county seat of Siskiyou County, nearby Lake City was the population center of Surprise Valley until Modoc County formed in 1874. However, by 1880 Cedarville was the largest town in the valley, with a population of around 220, and once Fort Bidwell , 20 miles (32 km) to the north, was demilitarized Cedarville's central location and access to Cedar Pass made it

976-531: The US Department of State instituted a numbering scheme in 1907, starting retroactively with United States Executive Order 1, issued on October 20, 1862, by President Lincoln. The documents that later came to be known as "executive orders" apparently gained their name from that order issued by Lincoln, which was captioned "Executive Order Establishing a Provisional Court in Louisiana". That court functioned during

1037-671: The United States 2000 Census , there were 849 people, 374 households, and 236 families residing with a population density of 3.2 per 1 square mile (2.6 km ) within Zip Code 96104, not all of which is within Cedarville. There were 465 housing units at an average density of 1.6 per 1 square mile (2.6 km ). The racial makeup of the city was 90.3% White, 0.1% African American, 3.8% Native American, 0.7% Asian, 0.0% Pacific Islander, 3.1% from other races, and 2.0% from two or more races. 8.5% of

1098-558: The racial integration of the armed forces under President Truman. Two extreme examples of an executive order are Franklin Roosevelt's Executive Order 6102 "forbidding the hoarding of gold coin, gold bullion, and gold certificates within the continental United States", and Executive Order 9066 , which delegated military authority to remove any or all people in a military zone (used to target Japanese Americans , non-citizen Germans , and non-citizen Italians in certain regions). The order

1159-427: The state legislature is not in session, and economic conditions take a downturn , thereby decreasing tax revenue below what was forecast when the budget was approved. Depending on the state constitution , a governor may specify by what percentage each government agency must reduce and may exempt those that are already particularly underfunded or cannot put long-term expenses (such as capital expenditures ) off until

1220-520: The Army, the Navy, and other Executive departments: The Emancipation Proclamation was an executive order, itself a rather unusual thing in those days. Executive orders are simply presidential directives issued to agents of the executive department by its boss. Until the early 1900s, executive orders were mostly unannounced and undocumented, and seen only by the agencies to which they were directed. That changed when

1281-491: The Constitution". Wars have been fought upon executive order, including the 1999 Kosovo War during President Bill Clinton 's second term in office; however, all such wars have also had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues, but all presidents since

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1342-513: The Sheldon National Wildlife Refuge, near Yellow Peak (Nevada) . Sheldon National Wildlife Refuge has a cold semi-arid climate ( Köppen BSk ). A point within the refuge is also the farthest place in the contiguous US from a McDonald's restaurant, at just 115 miles (185 kilometers). Nevada State Route 140 traverses the refuge from east to west and is the only paved road within the refuge. The nearest community of any size

1403-543: The Supreme Court overturned five of Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284a and 6855). Executive Order 12954 , issued by President Bill Clinton in 1995, attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll: a federal appeals court ruled that the order conflicted with the National Labor Relations Act and overturned

1464-442: The Supreme Court with people more in line with his views: Hugo Black , Stanley Reed , Felix Frankfurter , William O. Douglas , Frank Murphy , Robert H. Jackson and James F. Byrnes . Historically, only George Washington has had equal or greater influence over Supreme Court appointments (as he chose all its original members). Justices Frankfurter, Douglas, Black, and Jackson dramatically checked presidential power by invalidating

1525-561: The Surprise Valley Joint Unified District and include Surprise Valley High School as well as Surprise Valley Elementary and Middle School. The ZIP code for Cedarville is 96104. Wired telephone numbers in Cedarville follow the format ( 530 ) 279-2xxx or 279-6xxx. Wired telephone service is provided by Frontier Communications. Cedarville Hospital, operated by the Surprise Valley Hospital District,

1586-613: The US District Court for the District of Columbia on November 21, 2014. Part of President Donald Trump 's executive order Protecting the Nation from Foreign Terrorist Entry into the United States , which temporarily banned entry to the US of citizens of seven Muslim-majority countries, including for permanent residents, was stayed by a federal court on January 28, 2017. However, on June 26, 2018,

1647-515: The US Supreme Court overturned the lower court order in Trump v. Hawaii and affirmed that the executive order was within the president's constitutional authority. The degree to which the president has the power to use executive orders to set policy for independent federal agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been

1708-515: The USFWS of conducting "helicopter round-ups during foaling season" in the Sheldon Refuge. Due to the negative impact horses and burros have on riparian areas and the resulting strain on native wildlife, Sheldon NWR officials announced a decision to remove all horses from the refuge by 2014 and they all were removed. Executive order (United States) In the United States, an executive order

1769-478: The age distribution was: less than 5 years, 4.8%; 5 to 9 years, 6.7%; 10 to 14 years, 5.7%; 15 to 19 years, 6.2%; 20 to 24 years, 3.1%; 25 to 34 years, 8.2%; 35 to 44 years, 12.5%; 45 to 54 years, 18.1%; 55 to 59 years, 6.8%; 60 to 64 years, 4.1%; 65 to 74 years, 11.7%; 75 to 84 years, 9.1%; and 85 years and over, 2.9%. The average income for a household in the town was $ 34,265. Males had a median income of $ 37,136 versus $ 19,083 for females. The per capita income for

1830-663: The authority vested in me by the Constitution", thereby creating the National Labor Relations Board . In 1934, while Charles Evans Hughes was Chief Justice of the United States (the period being known as the Hughes Court ), the Court found that the National Industrial Recovery Act (NIRA) was unconstitutional. The president then issued Executive Order 7073 "by virtue of the authority vested in me under

1891-420: The best known and numbering around 3,500. There are also large herds of mule deer , and a small but self-sustaining population of bighorn sheep . The bighorn is not strictly native to the Sheldon Refuge, having been extirpated there during the frontier era and re-introduced about 1930. The pronghorn played a key role in the refuge's history, as approximately 94 percent of the current protected land area

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1952-517: The eastern base of the Warner Mountains , near the western shore of Middle Alkali Lake . Originally known as Deep Creek , Cedarville was founded around 1864 as a stopping place for wagon trains. In 1867 a trading post was being run by William Cressler and John Bonner, who later also built the first road over Cedar Pass, which connected Surprise Valley to Alturas and the rest of Modoc County. The first post office opened in 1869. The current name

2013-541: The establishment of the sanctuary. Rockhounds search for precious opal , agates , petrified wood , carnelian , obsidian , rhyolite , jasper , hyalite opal , and psilomelane , among other semiprecious gemstones . The Virgin Valley Mining District is known for black opals , the Nevada State Gemstone, still very active with multiple fee-dig mines. Denio 52 WSW is a weather station located within

2074-575: The executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the Congress in statutes . Attempts to block such orders have been successful at times, when such orders either exceeded the authority of the president or could be better handled through legislation. The Office of the Federal Register is responsible for assigning the executive order

2135-478: The executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power ( delegated legislation ). The vast majority of executive orders are proposed by federal agencies before being issued by the president. Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if

2196-628: The executive order at issue in Youngstown Sheet & Tube Co. v. Sawyer : in that case Roosevelt's successor, Harry S. Truman , had ordered private steel production facilities seized in Executive Order 10340 to support the Korean War effort: the Court held that the executive order was not within the power granted to the president by the Constitution. Large policy changes with wide-ranging effects have been implemented by executive order, including

2257-464: The first 100 days of his presidency, more than any other president since Harry Truman. Before 1932, uncontested executive orders had determined such issues as national mourning on the death of a president and the lowering of flags to half-staff. President Franklin Roosevelt issued the first of his 3,522 executive orders on March 6, 1933, declaring a bank holiday , and forbidding banks to release gold coin or bullion . Executive Order 6102 forbade

2318-509: The head of state and head of government of the United States, as well as commander-in-chief of the United States Armed Forces, only the president of the United States can issue an executive order. Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify or make exceptions from any executive order, whether

2379-585: The headquarters of the Warner Mountain Ranger District is in downtown Cedarville. In the state legislature , Cedarville is in the 1st Senate District , represented by Republican Brian Dahle , and the 1st Assembly District , represented by Republican Megan Dahle . Federally, Cedarville is in California's 1st congressional district , represented by Republican Doug LaMalfa . Public schools in Cedarville are administered

2440-589: The hoarding of gold coin, bullion and gold certificates . A further executive order required all newly mined domestic gold be delivered to the Treasury. By Executive Order 6581, the president created the Export-Import Bank of the United States . On March 7, 1934, he established the National Recovery Review Board (Executive Order 6632). On June 29, the president issued Executive Order 6763 "under

2501-606: The military occupation of Louisiana during the American Civil War , and Lincoln also used Executive Order   1 to appoint Charles A. Peabody as judge and designate the salaries of the court's officers. President Harry Truman 's Executive Order 10340 placed all the country's steel mills under federal control, which was found invalid in Youngstown Sheet & Tube Co. v. Sawyer , 343 US 579 (1952), because it attempted to make law, rather than to clarify or to further

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2562-468: The natural population and business center of the valley. A 1913 book described Cedarville as being on Middle Alkali Lake and having a population of about 500. The Laxague Lumber Company mill was located in Cedarville, and employed from 18 to 60 residents. Six miles (9.7 km) west of the city center on California State Route 299 is Bonner Grade, a California Historical Landmark . California Historical Landmark number 15 reads: In Cedarville Park

2623-402: The order was made by the current president or a predecessor. Typically, a new president reviews in-force executive orders in the first few weeks in office. The United States Constitution does not have a provision that explicitly permits the use of executive orders. Article   II , Section   1, Clause   1 of the Constitution simply states: "The executive Power shall be vested in

2684-420: The order would have the force of law. According to political expert Phillip J. Cooper, a presidential proclamation "states a condition, declares a law and requires obedience, recognizes an event or triggers the implementation of a law (by recognizing that the circumstances in law have been realized)". Presidents define situations or conditions on situations that become legal or economic truth. Such orders carry

2745-458: The order. Congress has the power to overturn an executive order by passing legislation that invalidates it, and can also refuse to provide funding necessary to carry out certain policy measures contained with the order or legitimize policy mechanisms. In the case of the former, the president retains the power to veto such a decision; however, Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that

2806-399: The orders lack support by statute or the Constitution. Some policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes. As

2867-517: The passage of the resolution have complied with its terms, while also maintaining that they are not constitutionally required to do so. Harry S. Truman issued 907 executive orders, with 1,081 orders made by Theodore Roosevelt , 1,203 orders made by Calvin Coolidge , and 1,803 orders made by Woodrow Wilson . Franklin D. Roosevelt has the distinction of making a record 3,522 executive orders. In 2021, President Joseph Biden issued 42 executive orders in

2928-408: The population were Hispanic or Latino of any race. There were 374 households, out of which 23.8% had children under the age of 18 living with them, 50.5% were married couples living together, 8.6% had a female householder with no husband present, and 36.9% were non-families. The average household size was 2.21. The median age was 46.6, of which 50.1% were men and 49.9% were women. For both sexes,

2989-624: The population) lived in households, 2 (0.4%) lived in non-institutionalized group quarters, and 22 (4.3%) were institutionalized. There were 237 households, out of which 55 (23.2%) had children under the age of 18 living in them, 98 (41.4%) were opposite-sex married couples living together, 21 (8.9%) had a female householder with no husband present, 13 (5.5%) had a male householder with no wife present. There were 19 (8.0%) unmarried opposite-sex partnerships , and 1 (0.4%) same-sex married couples or partnerships . 92 households (38.8%) were made up of individuals, and 51 (21.5%) had someone living alone who

3050-769: The said Emergency Relief Appropriation Act of 1935 ", re-establishing the National Emergency Council to administer the functions of the NIRA in carrying out the provisions of the Emergency Relief Appropriations Act. On June 15, he issued Executive Order 7075, which terminated the NIRA and replaced it with the Office of Administration of the National Recovery Administration . In the years that followed, Roosevelt replaced outgoing justices of

3111-415: The same force of law as executive orders, the difference between being that executive orders are aimed at those inside government, but proclamations are aimed at those outside government. The administrative weight of those proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers". Presidential proclamations are often dismissed as

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3172-569: The spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 USC 2201–07", and adding that the order "potentially threatens to undermine one of the very foundations of our nation". President Barack Obama subsequently revoked Executive Order 13233 in January 2009. The Heritage Foundation has accused presidents of abusing executive orders by using them to make laws without Congressional approval and moving existing laws away from their original mandates. In 1935,

3233-544: The town was $ 20,412. 18.5% of the population and 14.1% of families were below the poverty line. Cedarville has a steppe climate ( BSk ) according to the Köppen climate classification system. The town hosts an annual Last Frontier Fair in August. Tourist services, such as bed and breakfast accommodations, are available in the community. One area attraction is the Warner Mountains , most of which are inside Modoc National Forest, and

3294-580: Was "horses and burros are not native to Sheldon Refuge. They are descended from domestic stock turned loose around the turn of the twentieth century. They are primarily grass eaters, and their grazing can devastate native vegetation and cause severe damage to riparian habitat." Some private-sector advocates, such as the Sierra Club , agree with the USFWS position. In response, the American Wild Horse Preservation Campaign has accused

3355-503: Was 49.5 years. For every 100 females, there were 89.0 males. For every 100 females age 18 and over, there were 94.4 males. There were 294 housing units at an average density of 54.0 per square mile (20.8/km ), of which 146 (61.6%) were owner-occupied, and 91 (38.4%) were occupied by renters. The homeowner vacancy rate was 1.3%; the rental vacancy rate was 12.5%. 296 people (57.6% of the population) lived in owner-occupied housing units and 194 people (37.7%) lived in rental housing units. At

3416-405: Was 65 years of age or older. The average household size was 2.07. There were 132 families (55.7% of all households); the average family size was 2.71. The population was spread out, with 94 people (18.3%) under the age of 18, 31 people (6.0%) aged 18 to 24, 104 people (20.2%) aged 25 to 44, 149 people (29.0%) aged 45 to 64, and 136 people (26.5%) who were 65 years of age or older. The median age

3477-584: Was grandfathered-in with its mineral rights. Finally, the refuge was to serve as an inviolate migratory bird sanctuary. Advocates characterize Sheldon as one of the few intact sagebrush steppe ecosystems in the Great Basin , one that hosts a variety of wildlife endemic to the unique environment. The Sheldon National Wildlife Refuge occupies an arid zone of volcanic terrain. The elevation ranges from 4,100 feet (1,200 m) to 7,200 feet (2,200 m) above sea level. Geothermal hot springs provide some water to

3538-535: Was issued by Washington on June 8, 1789; addressed to the heads of the federal departments, it instructed them "to impress [him] with a full, precise, and distinct general idea of the affairs of the United States" in their fields. According to political scientist Brian R. Dirck, the most famous executive order was by President Abraham Lincoln when he issued the Emancipation Proclamation on September 22, 1862, which in part contained explicit directions to

3599-674: Was originally set aside as the Charles Sheldon Antelope Range in 1936. The refuge is the home of the Alvord chub , an endemic fish species of limited geographic distribution. Formerly the wildlife reserve hosted mustang , feral horses, but by 2014 these had all been removed (see below). Opal miners have been active in the valley since 1906. The refuge contains the very active and popular Virgin Valley Opal Mining District whose mineral rights were grandfathered-in with

3660-623: Was the descendants of horses used by the U.S. Army . Harry Wilson was one of the ranchers that sold horses to the U.S. cavalry. When the Wilsons owned the Virgin Valley Ranch, they worked with the Army, which provided thoroughbred stallions that were bred with the Wilsons' standardbreds. Proposals to cull some of the alleged excess population of the mustang in the Sheldon National Wildlife Refuge were drawing public concern as of 2008. The official USFWS position, as stated on their refuge's website,

3721-545: Was then delegated to General John L. DeWitt , and it subsequently paved the way for all Japanese-Americans on the West Coast to be sent to internment camps for the duration of World War II . President George W. Bush issued Executive Order 13233 in 2001, which restricted public access to the papers of former presidents. The order was criticized by the Society of American Archivists and other groups, who say it "violates both

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