1 / 16

Unilateral Action

Unilateral Action. Execution of the laws or legislation?. Types. Executive Orders Presidential Memoranda Presidential Proclamations National Security Directives Impoundment Signing statements. Executive Orders.

jacob
Download Presentation

Unilateral Action

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Unilateral Action Execution of the laws or legislation?

  2. Types • Executive Orders • Presidential Memoranda • Presidential Proclamations • National Security Directives • Impoundment • Signing statements

  3. Executive Orders • A directive issued to officers of the executive branch, requiring them to take or stop taking an action, alter policy, change management practices, or accept a delegation of authority.

  4. Executive Orders • Informal in history • Process today • Published in Federal Register, numbered • Legal Authority

  5. Average Executive Orders per year (Washington through Reagan)

  6. Presidential Proclamations • States a condition, declares law and requires obedience, or recognizes an event. (Also pardons) • Binding on the public. • Published in the Federal Register

  7. Presidential Memoranda • Pronouncement directed to executive branch officials • No publication in Federal Register • Below the radar of MCs and media

  8. National Security Directives • Formal declaration to an agency or department head of a presidential national security decision, requiring follow-up. • Designed at the National Security Council • Not published. • Mostly classified. • Problems with small group dynamics, Congress’ exclusion

  9. Impoundment • The president refuses to spend funds appropriated by Congress • Congress has restricted this practice (1974, 1987) • He can only defer spending if: • A “special contingency” • To achieve savings through more efficient operations • He can only propose to permanently rescind funds, but Congress must approve within 45 days

  10. Signing Statements • Traditionally innocuous • Since 1980s, provide the president’s interpretation of a law, announce Constitutional limits on implementation of it, or indicate directions about how to administer it. • Since 1986, part of official legislative history • Used as de facto line item veto since Reagan

  11. Why take unilateral action?

  12. Why take unilateral action? • Quick in an emergency situation • Pay debts to important groups without committing many resources • Don’t attract much attention • Signing statements prevent vetoes of complex/end of session legislation

  13. Problems?

  14. Why not take unilateral action? • Contribute to accumulation of power in executive hands • Make it more difficult for successors to govern • Undermine existing administrative law procedures

  15. Federal Administrative Procedures Act (1946) • Applies to all regulatory agencies (FAA, FDA, EPA, etc.) • Rulemaking procedures are to be transparent • Public can participate in the rulemaking process • When agencies make rules binding on the public or quasi-judicial decisions resolving disputes about rules, they have to follow certain procedures

  16. Why not take unilateral action? • Contribute to accumulation of power in executive hands • Make it more difficult for successors to govern • Undermine existing administrative law procedures • Easy for next administration to undo • Closed policymaking processbad policy?

More Related