Step One Find an Executive Order issued by a President It does not have to be the current President You can pick any Executive Order from any President Two good resources to find Executive Orders are the Federal Register at https www federalregister gov executive orders and the White House at https www whitehouse gov briefing room presidential actions executive orders You are not limited to using these sites, and can find Executive Orders in a variety of other places Step Two Review the Executive Order to determine what it is ordering, and if it references any statutory authority from Congress Step Three Analyze the Executive Order under Justice Jackson's three part approach in Youngstown Sheet Tube v Sawyer by answering the following questions Which of the three categories does the Executive Order fit into and why does it fit into that category Be sure to provide details about the Executive Order and explain why it fits into the category you chose Is the Executive Order within the President's executive powers Why or why not In answering this question, be sure to analyze the substance of the Executive Order and what it is ordering under the legal standards that apply to the category that you determined the order fits under in the prior question For example, Executive Order 13763 addresses the order of succession within the Environmental Protection Agency (EPA) The order references a federal statute, 5 U S C 3345, as part of the authority for the order The statute provides for the order of succession for employees and officers at federal agencies in general Since it references a statute, this Executive Order will either be in category one or category three You will need to review the statute, review the Executive Order, and determine if the Executive Order is consistent or inconsistent with the statute If consistent, it is category one If inconsistent, it is category three Then, analyze the Executive Order based on the standards that apply to that category Here, the Executive Order is consistent The answer should explain why it is consistent with the statute, and then explain whether the Executive Order is within the President's powers or not under the standards that apply to category one

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Step One : Find an Executive Order issued by a President. It does not have to be the current President. You can pick any Executive

Step One: Find an Executive Order issued by a President. It does not have to be the current President. You can pick any Executive Order from any President. Two good resources to find Executive Orders are the Federal Register at https://www.federalregister.gov/executive-ordersand the White House at https://www.whitehouse.gov/briefing-room/presidential-actions/executive-orders. You are not limited to using these sites, and can find Executive Orders in a variety of other places.

Step Two: Review the Executive Order to determine what it is ordering, and if it references any statutory authority from Congress.

Step Three: Analyze the Executive Order under Justice Jackson's three-part approach inYoungstown Sheet & Tube v. Sawyerby answering the following questions:

Which of the three categories does the Executive Order fit into and why does it fit into that category? Be sure to provide details about the Executive Order and explain why it fits into the category you chose.
Is the Executive Order within the President's executive powers? Why or why not? In answering this question, be sure to analyze the substance of the Executive Order and what it is ordering under the legal standards that apply to the category that you determined the order fits under in the prior question.

For example, Executive Order 13763addresses the order of succession within the Environmental Protection Agency (EPA). The order references a federal statute, 5 U.S.C. 3345, as part of the authority for the order. The statute provides for the order of succession for employees and officers at federal agencies in general. Since it references a statute, this Executive Order will either be in category one or category three. You will need to review the statute, review the Executive Order, and determine if the Executive Order is consistent or inconsistent with the statute. If consistent, it is category one. If inconsistent, it is category three. Then, analyze the Executive Order based on the standards that apply to that category.

Here, the Executive Order is consistent. The answer should explain why it is consistent with the statute, and then explain whether the Executive Order is within the President's powers or not under the standards that apply to category one.