Congress passed the Clean Water Act in 1972. In the legislation, Congress directed the administrator of the Environmental Protection Agency (EPA), an executive agency, to carry out the legislation. President Nixon issued Executive Order 11738 entitled “Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants, or loans.” In this executive order, President Nixon directed the administrator of the EPA to procure contracts for goods and services to effectively enforce the Clean Air Act. He wrote, “By virtue of the authority vested in me by the provisions of the Clean Air Act, as added by the Clean Air Amendments of 1970 (Public Law 91-604), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), particularly section 508 of that Act as added by the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), it is hereby ordered... The Administrator shall issue such rules, regulations, standards, and guidelines as he may deem necessary or appropriate to carry out the purposes of this Order.”

Question

Explain how President Nixon’s use of this executive order employed a specific source of executive order authority.

Answer 1

President Nixon's use of the executive order employed the source of executive order authority known as the "vesting clause." This clause grants the President the authority to issue executive orders and carry out the laws of the United States. In this case, President Nixon cited the authority vested in him by the provisions of the Clean Air Act and the Federal Water Pollution Control Act. By invoking this authority, he directed the administrator of the EPA to procure contracts for goods and services to effectively enforce the Clean Air Act. This use of the vesting clause empowered the President to take necessary actions to implement and enforce the laws passed by Congress.