President Barack Obama has legal minds wondering if his update of the presidential authority to take over the national defense resources during an emergency is his attempt to expand his power, or is he trying to organize rules that have been in the making for 18 years.

Last Friday, Obama signed the order that revokes an earlier one that President Clinton put in place back in 1994. The new executive order say any other ones previously issued by presidents who were in office previously, shall remain effective unless they are not consistent with his new executive order.

According to the order’s contents, its purpose is to ensure the U.S. is ready to mobilize industrial and technological resources that are capable of meeting the requirement of the national defense and make sure the technical superiority of its peacetime national defense equipment, as well as during a time of national emergency.

The order dictates that agencies in the Cabinet need to determine civilian and military staffing and have access to all resources such as suppliers, skilled labor, technical and professional personnel and materials. It also is to ensure the government of the U.S. is prepared in case of a potential threat to provide the security of the United States.

The Homeland Security Secretary is given the authority by the order to issue any guidance to other heads of departments to activate and establish a NDER – National Defense Executive Reserve. The NDER has experts in both the public and private sector, though not full-time public employees. These experts will occupy executive positions in the government if a national defense emergency takes place.