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How can the US president give an order to a civilian?
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How can the US president give an order to a civilian?
Can a President of the United States be arrested for previous crimes?When is a person legally considered to be “President-elect” in regards to laws against threatening the President?Is it legal for the President of the United States to order a wiretap on a citizen of the United States?Can former President Obama sue President Trump for defamation?Can a US President give police a “kill order”?Does the President of the USA execute prosecutorial discretion?Can the President issue an implicit blanket pardon for specific offenses?Can I legally deny the President of the United States entry into my home?Can the President unilaterally change the design of the US flag?Can people get in trouble for investigating or charging the president?
I remember reading that the US president can give an order to a civilian via some special letter. (The example given involved an IT company employee ordered to install a back-door in the company's infrastructure.) However, I cannot find this described in the Wikipedia article Powers of the president of the United States. Is my memory failing me, or is this case missing from the Wikipedia article?
united-states president
New contributor
add a comment |
I remember reading that the US president can give an order to a civilian via some special letter. (The example given involved an IT company employee ordered to install a back-door in the company's infrastructure.) However, I cannot find this described in the Wikipedia article Powers of the president of the United States. Is my memory failing me, or is this case missing from the Wikipedia article?
united-states president
New contributor
The example you've cited sounds more like the provision in the Australian Telecommunications and Other Legislation Amendment Bill of 2018 which allows the government to compel an employee to add a system backdoor without telling their company (wired.com/story/australia-encryption-law-global-impact).
– IllusiveBrian
5 hours ago
add a comment |
I remember reading that the US president can give an order to a civilian via some special letter. (The example given involved an IT company employee ordered to install a back-door in the company's infrastructure.) However, I cannot find this described in the Wikipedia article Powers of the president of the United States. Is my memory failing me, or is this case missing from the Wikipedia article?
united-states president
New contributor
I remember reading that the US president can give an order to a civilian via some special letter. (The example given involved an IT company employee ordered to install a back-door in the company's infrastructure.) However, I cannot find this described in the Wikipedia article Powers of the president of the United States. Is my memory failing me, or is this case missing from the Wikipedia article?
united-states president
united-states president
New contributor
New contributor
New contributor
asked 9 hours ago
Diomidis SpinellisDiomidis Spinellis
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The example you've cited sounds more like the provision in the Australian Telecommunications and Other Legislation Amendment Bill of 2018 which allows the government to compel an employee to add a system backdoor without telling their company (wired.com/story/australia-encryption-law-global-impact).
– IllusiveBrian
5 hours ago
add a comment |
The example you've cited sounds more like the provision in the Australian Telecommunications and Other Legislation Amendment Bill of 2018 which allows the government to compel an employee to add a system backdoor without telling their company (wired.com/story/australia-encryption-law-global-impact).
– IllusiveBrian
5 hours ago
The example you've cited sounds more like the provision in the Australian Telecommunications and Other Legislation Amendment Bill of 2018 which allows the government to compel an employee to add a system backdoor without telling their company (wired.com/story/australia-encryption-law-global-impact).
– IllusiveBrian
5 hours ago
The example you've cited sounds more like the provision in the Australian Telecommunications and Other Legislation Amendment Bill of 2018 which allows the government to compel an employee to add a system backdoor without telling their company (wired.com/story/australia-encryption-law-global-impact).
– IllusiveBrian
5 hours ago
add a comment |
2 Answers
2
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Generally, in times of peace the President can not give orders to a private citizen.
However in times of war or emergencies, the courts have allowed the President to give some pretty extreme executive orders as outlined in the article you mentioned. https://en.wikipedia.org/wiki/Powers_of_the_president_of_the_United_States#Emergency_powers
Short of those extraordinary measures, there is not really a way for the President to personally order a civilian.
1
Thank you! Can this be done within the framework of the 32 current national emergencies? en.wikipedia.org/wiki/… Also, I read that an executive order "manages operations of the federal government", which seems to imply that it cannot apply to private citizens. en.wikipedia.org/wiki/Executive_order
– Diomidis Spinellis
7 hours ago
@DiomidisSpinellis beat me to it - the US is in a perpetual state of emergency.
– dsolimano
7 hours ago
@DiomidisSpinellis I did not mean the Nat. Emergencies act. I meant historicly they have issued executive orders such as those described in your link.
– user26193
7 hours ago
add a comment |
The executive branch of the US government, or specific parts of it, can demand that a person do particular things, when a statue has authorized such a demand. Such demands are not usually made at the level of the President of the United States, but the president could order a specific official to take such action. For example a National Security Letter orders a person to turn over specific information, and not tell anyone about doing so, as described in this article from The New Yorker.
There are other circumstances in which an executive branch government official may order a private citizen to take specific action. Indeed, this happens in almost every case of a police arrest, except those done by an arrest warrant (which is a court order).
During the Korean War, President Truman issued an order seizing a number of steel mills, to be operated by the government, in order to stop a strike which was, he said, impeding the military effort and thus the security of the United States. This order was challenged in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) and was overturned on the ground that the President was not only not-authorized by any law, but had failed to follow the provisions of a law dealing with situations of the kind at issue. In that case the Court made it clear that such a seizure would have been permitted if done in conformance with a statute, and might have been permitted had no law dealt with such cases.
add a comment |
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2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
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votes
Generally, in times of peace the President can not give orders to a private citizen.
However in times of war or emergencies, the courts have allowed the President to give some pretty extreme executive orders as outlined in the article you mentioned. https://en.wikipedia.org/wiki/Powers_of_the_president_of_the_United_States#Emergency_powers
Short of those extraordinary measures, there is not really a way for the President to personally order a civilian.
1
Thank you! Can this be done within the framework of the 32 current national emergencies? en.wikipedia.org/wiki/… Also, I read that an executive order "manages operations of the federal government", which seems to imply that it cannot apply to private citizens. en.wikipedia.org/wiki/Executive_order
– Diomidis Spinellis
7 hours ago
@DiomidisSpinellis beat me to it - the US is in a perpetual state of emergency.
– dsolimano
7 hours ago
@DiomidisSpinellis I did not mean the Nat. Emergencies act. I meant historicly they have issued executive orders such as those described in your link.
– user26193
7 hours ago
add a comment |
Generally, in times of peace the President can not give orders to a private citizen.
However in times of war or emergencies, the courts have allowed the President to give some pretty extreme executive orders as outlined in the article you mentioned. https://en.wikipedia.org/wiki/Powers_of_the_president_of_the_United_States#Emergency_powers
Short of those extraordinary measures, there is not really a way for the President to personally order a civilian.
1
Thank you! Can this be done within the framework of the 32 current national emergencies? en.wikipedia.org/wiki/… Also, I read that an executive order "manages operations of the federal government", which seems to imply that it cannot apply to private citizens. en.wikipedia.org/wiki/Executive_order
– Diomidis Spinellis
7 hours ago
@DiomidisSpinellis beat me to it - the US is in a perpetual state of emergency.
– dsolimano
7 hours ago
@DiomidisSpinellis I did not mean the Nat. Emergencies act. I meant historicly they have issued executive orders such as those described in your link.
– user26193
7 hours ago
add a comment |
Generally, in times of peace the President can not give orders to a private citizen.
However in times of war or emergencies, the courts have allowed the President to give some pretty extreme executive orders as outlined in the article you mentioned. https://en.wikipedia.org/wiki/Powers_of_the_president_of_the_United_States#Emergency_powers
Short of those extraordinary measures, there is not really a way for the President to personally order a civilian.
Generally, in times of peace the President can not give orders to a private citizen.
However in times of war or emergencies, the courts have allowed the President to give some pretty extreme executive orders as outlined in the article you mentioned. https://en.wikipedia.org/wiki/Powers_of_the_president_of_the_United_States#Emergency_powers
Short of those extraordinary measures, there is not really a way for the President to personally order a civilian.
answered 8 hours ago
user26193
1
Thank you! Can this be done within the framework of the 32 current national emergencies? en.wikipedia.org/wiki/… Also, I read that an executive order "manages operations of the federal government", which seems to imply that it cannot apply to private citizens. en.wikipedia.org/wiki/Executive_order
– Diomidis Spinellis
7 hours ago
@DiomidisSpinellis beat me to it - the US is in a perpetual state of emergency.
– dsolimano
7 hours ago
@DiomidisSpinellis I did not mean the Nat. Emergencies act. I meant historicly they have issued executive orders such as those described in your link.
– user26193
7 hours ago
add a comment |
1
Thank you! Can this be done within the framework of the 32 current national emergencies? en.wikipedia.org/wiki/… Also, I read that an executive order "manages operations of the federal government", which seems to imply that it cannot apply to private citizens. en.wikipedia.org/wiki/Executive_order
– Diomidis Spinellis
7 hours ago
@DiomidisSpinellis beat me to it - the US is in a perpetual state of emergency.
– dsolimano
7 hours ago
@DiomidisSpinellis I did not mean the Nat. Emergencies act. I meant historicly they have issued executive orders such as those described in your link.
– user26193
7 hours ago
1
1
Thank you! Can this be done within the framework of the 32 current national emergencies? en.wikipedia.org/wiki/… Also, I read that an executive order "manages operations of the federal government", which seems to imply that it cannot apply to private citizens. en.wikipedia.org/wiki/Executive_order
– Diomidis Spinellis
7 hours ago
Thank you! Can this be done within the framework of the 32 current national emergencies? en.wikipedia.org/wiki/… Also, I read that an executive order "manages operations of the federal government", which seems to imply that it cannot apply to private citizens. en.wikipedia.org/wiki/Executive_order
– Diomidis Spinellis
7 hours ago
@DiomidisSpinellis beat me to it - the US is in a perpetual state of emergency.
– dsolimano
7 hours ago
@DiomidisSpinellis beat me to it - the US is in a perpetual state of emergency.
– dsolimano
7 hours ago
@DiomidisSpinellis I did not mean the Nat. Emergencies act. I meant historicly they have issued executive orders such as those described in your link.
– user26193
7 hours ago
@DiomidisSpinellis I did not mean the Nat. Emergencies act. I meant historicly they have issued executive orders such as those described in your link.
– user26193
7 hours ago
add a comment |
The executive branch of the US government, or specific parts of it, can demand that a person do particular things, when a statue has authorized such a demand. Such demands are not usually made at the level of the President of the United States, but the president could order a specific official to take such action. For example a National Security Letter orders a person to turn over specific information, and not tell anyone about doing so, as described in this article from The New Yorker.
There are other circumstances in which an executive branch government official may order a private citizen to take specific action. Indeed, this happens in almost every case of a police arrest, except those done by an arrest warrant (which is a court order).
During the Korean War, President Truman issued an order seizing a number of steel mills, to be operated by the government, in order to stop a strike which was, he said, impeding the military effort and thus the security of the United States. This order was challenged in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) and was overturned on the ground that the President was not only not-authorized by any law, but had failed to follow the provisions of a law dealing with situations of the kind at issue. In that case the Court made it clear that such a seizure would have been permitted if done in conformance with a statute, and might have been permitted had no law dealt with such cases.
add a comment |
The executive branch of the US government, or specific parts of it, can demand that a person do particular things, when a statue has authorized such a demand. Such demands are not usually made at the level of the President of the United States, but the president could order a specific official to take such action. For example a National Security Letter orders a person to turn over specific information, and not tell anyone about doing so, as described in this article from The New Yorker.
There are other circumstances in which an executive branch government official may order a private citizen to take specific action. Indeed, this happens in almost every case of a police arrest, except those done by an arrest warrant (which is a court order).
During the Korean War, President Truman issued an order seizing a number of steel mills, to be operated by the government, in order to stop a strike which was, he said, impeding the military effort and thus the security of the United States. This order was challenged in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) and was overturned on the ground that the President was not only not-authorized by any law, but had failed to follow the provisions of a law dealing with situations of the kind at issue. In that case the Court made it clear that such a seizure would have been permitted if done in conformance with a statute, and might have been permitted had no law dealt with such cases.
add a comment |
The executive branch of the US government, or specific parts of it, can demand that a person do particular things, when a statue has authorized such a demand. Such demands are not usually made at the level of the President of the United States, but the president could order a specific official to take such action. For example a National Security Letter orders a person to turn over specific information, and not tell anyone about doing so, as described in this article from The New Yorker.
There are other circumstances in which an executive branch government official may order a private citizen to take specific action. Indeed, this happens in almost every case of a police arrest, except those done by an arrest warrant (which is a court order).
During the Korean War, President Truman issued an order seizing a number of steel mills, to be operated by the government, in order to stop a strike which was, he said, impeding the military effort and thus the security of the United States. This order was challenged in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) and was overturned on the ground that the President was not only not-authorized by any law, but had failed to follow the provisions of a law dealing with situations of the kind at issue. In that case the Court made it clear that such a seizure would have been permitted if done in conformance with a statute, and might have been permitted had no law dealt with such cases.
The executive branch of the US government, or specific parts of it, can demand that a person do particular things, when a statue has authorized such a demand. Such demands are not usually made at the level of the President of the United States, but the president could order a specific official to take such action. For example a National Security Letter orders a person to turn over specific information, and not tell anyone about doing so, as described in this article from The New Yorker.
There are other circumstances in which an executive branch government official may order a private citizen to take specific action. Indeed, this happens in almost every case of a police arrest, except those done by an arrest warrant (which is a court order).
During the Korean War, President Truman issued an order seizing a number of steel mills, to be operated by the government, in order to stop a strike which was, he said, impeding the military effort and thus the security of the United States. This order was challenged in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) and was overturned on the ground that the President was not only not-authorized by any law, but had failed to follow the provisions of a law dealing with situations of the kind at issue. In that case the Court made it clear that such a seizure would have been permitted if done in conformance with a statute, and might have been permitted had no law dealt with such cases.
answered 6 hours ago
David SiegelDavid Siegel
22.2k14282
22.2k14282
add a comment |
add a comment |
Diomidis Spinellis is a new contributor. Be nice, and check out our Code of Conduct.
Diomidis Spinellis is a new contributor. Be nice, and check out our Code of Conduct.
Diomidis Spinellis is a new contributor. Be nice, and check out our Code of Conduct.
Diomidis Spinellis is a new contributor. Be nice, and check out our Code of Conduct.
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The example you've cited sounds more like the provision in the Australian Telecommunications and Other Legislation Amendment Bill of 2018 which allows the government to compel an employee to add a system backdoor without telling their company (wired.com/story/australia-encryption-law-global-impact).
– IllusiveBrian
5 hours ago