Memorandum Within Constitutional Authority

Memorandum on Providing an Order of Succession Within the Council on Environmental Quality

Issued 2019-09-06 by Donald J. Trump

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This memorandum establishes a clear chain of command for the Council on Environmental Quality, a White House office that advises the President on environmental matters. It specifies who would temporarily step into the role of Chairman if the current Chairman dies, resigns, or cannot perform their duties. The succession order is: first, the General Counsel of the Council; second, the Associate Directors in the order they were originally appointed to their positions.

The action affects officials within the Council on Environmental Quality itself, determining who would assume leadership responsibilities during a vacancy or emergency. It operates under the Federal Vacancies Reform Act of 1998, which governs how temporary vacancies in federal positions are filled. The memorandum includes standard exceptions—for instance, someone already serving in an acting capacity cannot move up the succession line, and individuals must otherwise be eligible under federal law to serve.

This matters because it ensures continuity of operations at the Council on Environmental Quality during leadership transitions. Without a clear succession plan, the organization could face uncertainty about who has authority to make decisions if the Chairman suddenly becomes unavailable. The memorandum revoked a previous succession order from January 2017, replacing it with this updated arrangement.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This presidential memorandum ("Memorandum on Providing an Order of Succession Within the Council on Environmental Quality") provides direction to executive branch agencies. Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.

Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.

Official Summary

Administration of Donald J. Trump, 2019 Memorandum on Providing an Order of Succession Within the Council on Environmental Quality September 6, 2019 Memorandum for the Chairman of the Council on Environmental Quality Subject: Providing an Order of Succession Within the Council on Environmental Quality By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq . (the "Act"), it is hereby ordered that: Section 1 . Order of Succession . Subject to the provisions of section 2 of this memorandum and to the limitations set forth in the Act, the following officials of the Council on Environmental Quality, in the order listed, shall act as and perform the functions and duties of the office of the Chairman of the Council on Environmental Quality (Chairman), during any period in which the Chairman has died, resigned, or otherwise becomes unable to perform the functions and duties of the office of the Chairman: (a) Chief of Staff, CEQ; (b) General Counsel, CEQ; and (c) Associate Directors, CEQ, in the order in which they have been appointed as such. Sec.

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