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"There is no question that this president has been judicious in his use of executive action, executive orders, and I think those numbers thus far have come in below what President George W. The White House would not comment on how it uses memoranda and executive orders but has previously said Obama's executive actions "advance an agenda that expands opportunity and rewards hard work and responsibility." In a Senate floor speech in July, Majority Leader Harry Reid said, "While Republicans accuse President Obama of executive overreach, they neglect the fact that he has issued far fewer executive orders than any two-term president in the last 50 years." So even as he's quietly used memoranda to signal policy changes to federal agencies, Obama and his allies have claimed he's been more restrained in his use of that power. But at this point in his presidency, he's the first to use them more often than executive orders. Obama is not the first president to use memoranda to accomplish policy aims. He's also issued 45% more than the last Democratic president, Bill Clinton, who assertively used memoranda to signal what kinds of regulations he wanted federal agencies to adopt. He's already signed 33% more presidential memoranda in less than six years than Bush did in eight. Published alongside them in the Federal Register are 198 presidential memoranda - all of which carry the same legal force as executive orders. Obama has issued 195 executive orders as of Tuesday. "So it's not clear how it is that Republicans didn't seem to mind when President Bush took more executive actions than I did." "The truth is, even with all the actions I've taken this year, I'm issuing executive orders at the lowest rate in more than 100 years," Obama said in a speech in Austin last July. Obama has made prolific use of memoranda despite his own claims that he's used his executive power less than other presidents.
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And some of the most significant actions of the Obama presidency have come not by executive order but by presidential memoranda. They have the same force of law as executive orders and often have consequences just as far-reaching. Like executive orders, presidential memoranda don't require action by Congress. Tuesday, he used a memorandum to declare Bristol Bay, Alaska, off-limits to oil and gas exploration. He's used presidential memoranda to make policy on gun control, immigration and labor regulations. Obama has issued executive orders to give federal employees the day after Christmas off, to impose economic sanctions and to determine how national secrets are classified. When these two forms of directives are taken together, Obama is on track to take more high-level executive actions than any president since Harry Truman battled the "Do Nothing Congress" almost seven decades ago, according to a USA TODAY review of presidential documents.
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WASHINGTON - President Obama has issued a form of executive action known as the presidential memorandum more often than any other president in history - using it to take unilateral action even as he has signed fewer executive orders.