Executive Orders And Presidential Directives

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.

Contents: Intro.; Admin. Orders; Certificates; Designations of Officials; Exec. Orders; General Licenses; Homeland Security Pres. Directives; Interpretations; Letters on Tariffs and Internat. Trade; Military Orders; National Security Instruments: NSC Policy Papers; National Security Action Memo; National Security Study Memo and National Security Decision Memo; Pres. Review Memo and Pres. Directives; National Security Study Memo and National Security Decision Directives; National Security Reviews and National Security Directives; Pres. Review Directives and Pres. Decision Directives; National Security Pres. Directives; Pres. Announcements; Pres. Findings; Pres. Reorg. Plans; Proclamations; Reg¿s.; Source Tools. A print on demand report.

From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the Federal Register and the Code of Federal Regulations. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in the announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by twentieth-century Presidents. It also presents background on the historical development, accounting, use, and effect of such directives.

From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the Federal Register and the Code of Federal Regulations. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in the announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by twentieth-century Presidents. It also presents background on the historical development, accounting, use, and effect of such directives.

Executive orders and proclamations afford presidents an independent means of controlling a wide range of activities in the federal government—yet they are not mentioned in the U.S. Constitution. In fact, the controversial edicts known as universal presidential directives seem to violate the separation of powers by enabling the commander-in-chief to bypass Congress and enact his own policy preferences. As Clinton White House counsel Paul Begala remarked on the numerous executive orders signed by the president during his second term: "Stroke of the pen. Law of the land. Kinda cool." Although public awareness of unilateral presidential directives has been growing over the last decade—sparked in part by Barack Obama's use of executive orders and presidential memoranda to reverse many of his predecessor's policies as well as by the number of unilateral directives George W. Bush promulgated for the "War on Terror"—Graham G. Dodds reminds us that not only has every single president issued executive orders, such orders have figured in many of the most significant episodes in American political history. In Take Up Your Pen, Dodds offers one of the first historical treatments of this executive prerogative and explores the source of this authority; how executive orders were legitimized, accepted, and routinized; and what impact presidential directives have had on our understanding of the presidency, American politics, and political development. By tracing the rise of a more activist central government—first advanced in the Progressive Era by Theodore Roosevelt—Dodds illustrates the growing use of these directives throughout a succession of presidencies. More important, Take Up Your Pen questions how unilateral presidential directives fit the conception of democracy and the needs of American citizens.

Looking beyond the individual office holders to the office itself, this Fourth Edition of Vital Statistics on the Presidency covers George Washington’s tenure through the 2012 election. The book’s expansive view of the presidency allows readers to recognize major themes across administrations and to reach overall conclusions about the nature of the institution and its future. The illuminating data is put into context by thoughtful essays explaining key statistical patterns, making this edition an intriguing and comprehensive reference to important patterns throughout the history of the presidency.

The 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."

Cooper defines the different forms these powers take--executive orders, presidential memoranda, proclamations, national security directives, and signing statements--demonstrates their uses, critiques their strengths and dangers, and shows how they have changed over time. Here are Washington's "Neutrality Proclamation," Lincoln's Emancipation Proclamation, and the more than 1,700 executive orders issued by Woodrow Wilson in World War I. FDR issued many executive orders to implement his National Industrial Recovery Act--but also issued one that led to the incarceration of Japanese Americans during World War II. Truman issued orders to desegregate the military and compel loyalty oaths for federal employees. Eisenhower issued numerous national security directives. JFK launched the Peace Corps and issued an order to control racial violence in Alabama. All through executive action.