Executive Orders

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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.

Explores whether and how modern presidents use executive orders to establish policy unconstrained by the legislative process.

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.

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."

Modern 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.

How Trump has used the federal government to promote conservative policies The presidency of Donald Trump has been unique in many respects—most obviously his flamboyant personal style and disregard for conventional niceties and factual information. But one area hasn't received as much attention as it deserves: Trump's use of the “administrative presidency,” including executive orders and regulatory changes, to reverse the policies of his predecessor and advance positions that lack widespread support in Congress. This book analyzes the dynamics and unique qualities of Trump's administrative presidency in the important policy areas of health care, education, and climate change. In each of these spheres, the arrival of the Trump administration represented a hostile takeover in which White House policy goals departed sharply from the more “liberal” ideologies and objectives of key agencies, which had been embraced by the Obama administration. Three expert authors show how Trump has continued, and even expanded, the rise of executive branch power since the Reagan years. The authors intertwine this focus with an in-depth examination of how the Trump administration's hostile takeover has drastically changed key federal policies—and reshaped who gets what from government—in the areas of health care, education, and climate change. Readers interested in the institutions of American democracy and the nation's progress (or lack thereof) in dealing with pressing policy problems will find deep insights in this book. Of particular interest is the book's examination of how the Trump administration's actions have long-term implications for American democracy.

" Modern 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. "