The Administrative State
The Administrative State

Author: Dwight Waldo

Publisher: Routledge

Published: 2017-09-04

Total Pages: 384

ISBN-13: 1351486330

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This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Bending the Rules
Bending the Rules

Author: Rachel Augustine Potter

Publisher: University of Chicago Press

Published: 2019-06-15

Total Pages: 259

ISBN-13: 022662188X

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Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.

The Specter of Dictatorship
The Specter of Dictatorship

Author: David M. Driesen

Publisher: Stanford University Press

Published: 2021-07-20

Total Pages: 323

ISBN-13: 1503628620

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Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

The Politics of Presidential Appointments
The Politics of Presidential Appointments

Author: David E. Lewis

Publisher: Princeton University Press

Published: 2010-12-16

Total Pages: 311

ISBN-13: 1400837685

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In the wake of Hurricane Katrina, many questioned whether the large number of political appointees in the Federal Emergency Management Agency contributed to the agency's poor handling of the catastrophe, ultimately costing hundreds of lives and causing immeasurable pain and suffering. The Politics of Presidential Appointments examines in depth how and why presidents use political appointees and how their choices impact government performance--for better or worse. One way presidents can influence the permanent bureaucracy is by filling key posts with people who are sympathetic to their policy goals. But if the president's appointees lack competence and an agency fails in its mission--as with Katrina--the president is accused of employing his friends and allies to the detriment of the public. Through case studies and cutting-edge analysis, David Lewis takes a fascinating look at presidential appointments dating back to the 1960s to learn which jobs went to appointees, which agencies were more likely to have appointees, how the use of appointees varied by administration, and how it affected agency performance. He argues that presidents politicize even when it hurts performance--and often with support from Congress--because they need agencies to be responsive to presidential direction. He shows how agency missions and personnel--and whether they line up with the president's vision--determine which agencies presidents target with appointees, and he sheds new light on the important role patronage plays in appointment decisions.

The President and Immigration Law
The President and Immigration Law

Author: Adam B. Cox

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 361

ISBN-13: 0190694386

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Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

After Trump
After Trump

Author: Bob Bauer

Publisher: Lawfare Press

Published: 2020-09-15

Total Pages: 436

ISBN-13: 9781735480619

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In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.

By Executive Order
By Executive Order

Author: Andrew Rudalevige

Publisher: Princeton University Press

Published: 2021-04-06

Total Pages: 324

ISBN-13: 0691203717

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How the executive branch—not the president alone—formulates executive orders, and how this process constrains the chief executive's ability to act unilaterally The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom. In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.

Presidential Command
Presidential Command

Author: Peter W. Rodman

Publisher: Vintage

Published: 2009-01-06

Total Pages: 369

ISBN-13: 0307271285

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An official in the Nixon, Ford, Reagan, and both Bush administrations, Peter W. Rodman draws on his firsthand knowledge of the Oval Office to explore the foreign-policy leadership of every president from Nixon to George W. Bush. This riveting and informative book about the inner workings of our government is rich with anecdotes and fly-on-the-wall portraits of presidents and their closest advisors. It is essential reading for historians, political junkies, and for anyone in charge of managing a large organization.