Executive Order 13362 Constitutional Fidelity (+0.41)

Executive Order 13362—Designation of Additional Officers for the Department of Homeland Security Order of Succession

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Monday, November 29, 2004

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2 min read (309 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President George W. Bush on 2004-11-29, establishes federal administrative policy concerning "Designation of Additional Officers for the Department of Homeland Security Order of Succession." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: An early statesman would view this measure favorably under Article II, Section 3 (the Take Care Clause). The President operates strictly within the ambit of executing established laws and supervising departmental subordinates, respecting the supremacy of the legislative branch without fabricating novel statutory obligations.

Key Directives & Operative Actions

▪ Formal executive instruction issued by the President establishing official administrative policy on Designation of Additional Officers for the Department of Homeland Security Order of Succession.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants

Total Words

309

1,925 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

19.6

Post-Grad reading level

Constitutional Polarity

+0.41

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 13362, George W. Bush (Nov 29, 2004). Available at https://executiveordersarchive.org/orders/app-executive-order-13362-designation-additional-officers-for-the-department-homeland-security.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By the authority vested in me as President by the Constitution and the laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that: Section 1. During any period when the Secretary of Homeland Security (Secretary), the Deputy Secretary of Homeland Security, and the officers designated to perform the functions and duties of the office of Secretary by section 88 of Executive Order 13286 of February 28, 2003 ("Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security"), have died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary, the following officers of the Department of Homeland Security, in the order listed, shall perform the functions and duties of the office of Secretary, if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Secretary: Director, Region V, Federal Emergency Management Agency; Director, Region VI, Federal Emergency Management Agency; Director, Region VII, Federal Emergency Management Agency; Director, Region VIII, Federal Emergency Management Agency; and Director, Region X, Federal Emergency Management Agency. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this order. (b) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Secretary. GEORGE W. BUSH The White House, November 29, 2004. [Filed with the Office of the Federal Register, 9:47 a.m., December 1, 2004]