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Author: Adam L. Warber
Publisher:
Published: 2006
Total Pages: 200
ISBN-13:
DOWNLOAD EBOOKExplores whether and how modern presidents use executive orders to establish policy unconstrained by the legislative process.
Author: Ryan J. Barilleaux
Publisher: Texas A&M University Press
Published: 2010-04-07
Total Pages: 255
ISBN-13: 1603441905
DOWNLOAD EBOOKDuring his first term in office, Pres. George W. Bush made reference to the "unitary executive" ninety-five times, as part of signing statements, proclamations, and executive orders. Pres. Barack Obama's actions continue to make issues of executive power as timely as ever. Unitary executive theory stems from interpretation of the constitutional assertion that the president is vested with the "executive power" of the United States. In this groundbreaking collection of studies, eleven presidential scholars examine for the first time the origins, development, use, and future of this theory. The Unitary Executive and the Modern Presidency examines how the unitary executive theory became a recognized constitutional theory of presidential authority, how it has evolved, how it has been employed by presidents of both parties, and how its use has affected and been affected by U.S. politics. This book also examines the constitutional, political, and even psychological impact of the last thirty years of turmoil in the executive branch and the ways that controversy has altered both the exercise and the public’s view of presidential power.
Author: Andrew Rudalevige
Publisher: Princeton University Press
Published: 2021-04-06
Total Pages: 324
ISBN-13: 0691203717
DOWNLOAD EBOOKHow 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.
Author: Kenneth Mayer
Publisher: Princeton University Press
Published: 2002-09
Total Pages: 312
ISBN-13: 9780691094991
DOWNLOAD EBOOKThe conventional wisdom holds that the president of the United States is weak, hobbled by the separation of powers and the short reach of his formal legal authority. In this first-ever in-depth study of executive orders, Kenneth Mayer deals a strong blow to this view. Taking civil rights and foreign policy as examples, he shows how presidents have used a key tool of executive power to wield their inherent legal authority and pursue policy without congressional interference. Throughout the nation's life, executive orders have allowed presidents to make momentous, unilateral policy choices: creating and abolishing executive branch agencies, reorganizing administrative and regulatory processes, handling emergencies, and determining how legislation is implemented. From the Louisiana Purchase to the Emancipation Proclamation, from Franklin Roosevelt's establishment of the Executive Office of the President to Bill Clinton's authorization of loan guarantees for Mexico, from Harry Truman's integration of the armed forces to Ronald Reagan's seizures of regulatory control, American presidents have used executive orders (or their equivalents) to legislate in ways that extend far beyond administrative activity. By analyzing the pattern of presidents' use of executive orders and the relationship of those orders to the presidency as an institution, Mayer describes an office much more powerful and active than the one depicted in the bulk of the political science literature. This distinguished work of scholarship shows that the U.S. presidency has a great deal more than the oft-cited "power to persuade."
Author: Michelle Belco
Publisher: Studies in the Modern Presiden
Published: 2017
Total Pages: 0
ISBN-13: 9780804799973
DOWNLOAD EBOOKThis book reinterprets how and when presidents use unilateral power, arguing that these orders are used not only to press the president's agenda, but also to share power with Congress and facilitate the work of government.
Author: Daniel Paul Gitterman
Publisher:
Published: 2017
Total Pages: 293
ISBN-13: 9780815729020
DOWNLOAD EBOOKModern presidents are CEOs with broad powers over the federal government. The United States Constitution lays out three hypothetically equal branches of government--the executive, the legislative, and the judicial--but over the years, the president, as head of the executive branch, has emerged as the usually dominant political and administrative force at the federal level. In fact, Daniel Gitterman tells us, the president is, effectively, the CEO of an enormous federal bureaucracy. Using the unique legal authority delegated by thousands of laws, the ability to issue executive orders, and the capacity to shape how federal agencies write and enforce rules, the president calls the shots as to how the government is run on a daily basis. Modern presidents have, for example, used the power of the purchaser to require federal contractors to pay a minimum wage and to prohibit contracting with companies and contractors that knowingly employ unauthorized alien workers. Presidents and their staffs use specific tools, including executive orders and memoranda to agency heads, as instruments of control and influence over the government and the private sector. For more than a century, they have used these tools without violating the separation of powers. Calling the Shots demonstrates how each of these executive powers is a powerful weapon of coercion and redistribution in the president's political and policymaking arsenal.
Author: Meena Bose
Publisher: Brookings Institution Press
Published: 2020-10-06
Total Pages: 325
ISBN-13: 0815737963
DOWNLOAD EBOOKA deep look into the agency that implements the president's marching orders to the rest of the executive branch The Office of Management and Budget (OMB) is one of the federal government's most important and powerful agencies—but it's also one of the least-known among the general public. This book describes why the office is so important and why both scholars and citizens should know more about what it does. The predecessor to the modern OMB was founded in 1921, as the Bureau of the Budget within the Treasury Department. President Franklin D. Roosevelt moved it in 1939 into the Executive Office of the President, where it's been ever since. The office received its current name in 1970, during the Nixon administration. For most people who know about it, the OMB's only apparent job is to supervise preparation of the president's annual budget request to Congress. That job, in itself, gives the office tremendous influence within the executive branch. But OMB has other responsibilities that give it a central role in how the federal government functions on a daily basis. OMB reviews all of the administration's legislative proposals and the president's executive orders. It oversees the development and implementation of nearly all government management initiatives. The office also analyses the costs and benefits of major government regulations, this giving it great sway over government actions that affect nearly every person and business in America. One question facing voters in the 2020 elections will be how well the executive branch has carried out the president's promises; a major aspect of that question centers around the wider work of the OMB. This book will help members of the public, as well as scholars and other experts, answer that question.
Author: William G. Howell
Publisher: Princeton University Press
Published: 2003-07-28
Total Pages: 262
ISBN-13: 0691102708
DOWNLOAD EBOOKSince the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Adam B. Cox
Publisher: Oxford University Press
Published: 2020-08-04
Total Pages: 361
ISBN-13: 0190694386
DOWNLOAD EBOOKWho 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.
