Executive Order 13323 Constitutional Fidelity (+0.23)

Executive Order 13323—Assignment of Functions Relating to Arrivals in and Departures From the United States

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Tuesday, December 30, 2003

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2 min read (312 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 2003-12-30, establishes federal administrative policy concerning "Assignment of Functions Relating to Arrivals in and Departures From the United States." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

▪ By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 215 of the Immigration and Nationality Act (INA), as amended (8 U.S.C.

▪ In exercising these functions, the Secretary of Homeland Security shall not issue, amend, or revoke any rules, regulations, or orders without first obtaining the concurrence of the Secretary of State.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Total Words

312

1,924 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

14.3

Post-Grad reading level

Constitutional Polarity

+0.23

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 13323, George W. Bush (Dec 30, 2003). Available at https://executiveordersarchive.org/orders/app-executive-order-13323-assignment-functions-relating-arrivals-and-departures-from-the.

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, including section 215 of the Immigration and Nationality Act (INA), as amended (8 U.S.C. 1185), and section 301 of title 3, United States Code, and to strengthen the national security of the United States through procedures and systems to manage and control the arrival and departure of persons from the United States, it is hereby ordered as follows: Section 1. Functions of the Secretary of Homeland Security. The Secretary of Homeland Security is assigned the functions of the President under section 215(a) of the INA with respect to persons other than citizens of the United States. In exercising these functions, the Secretary of Homeland Security shall not issue, amend, or revoke any rules, regulations, or orders without first obtaining the concurrence of the Secretary of State. Sec. 2. Functions of the Secretary of State. The Secretary of State is assigned the functions of the President under section 215(a) and (b) of the INA with respect to citizens of the United States, including those functions concerning United States passports. In addition, the Secretary may amend or revoke part 46 of title 22, Code of Federal Regulations, which concerns * persons other than citizens of the United States. In exercising these functions, the Secretary of State shall not issue, amend, or revoke any rules, regulations, or orders without first consulting with the Secretary of Homeland Security. Sec. 3. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. GEORGE W. BUSH The White House, December 30, 2003. [Filed with the Office of the Federal Register, 11:22 a.m., December 31, 2003]