pres lecture bureaucracy3

pres lecture bureaucracy3 - Unilateral Action Execution of...

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Unformatted text preview: Unilateral Action Execution of the laws or legislation? Types Types Executive Orders Presidential Memoranda Presidential Proclamations National Security Directives Impoundment Signing statements Executive Orders 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. Executive Orders Executive Orders Informal in history Process today Published in Federal Register, numbered Legal Authority Average Executive Orders per Average Executive Orders per year (Washington through Reagan) 300 250 200 150 100 50 0 Washington Polk Arthur Hoover Presidential Proclamations 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 Presidential Memoranda Presidential Memoranda Pronouncement directed to executive branch officials No publication in Federal Register Below the radar of MCs and media National Security National Security Directives Formal declaration to an agency or department head of a presidential national security decision, requiring follow­up. Designed at the National Security Council Not published. Mostly classified. Problems with small group dynamics, Congress’ exclusion Impoundment 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 Signing Statements 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 Why take unilateral action? Why take unilateral action? 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 Problems? Why not take unilateral 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 Federal Administrative 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 quasi­judicial decisions resolving disputes about rules, they have to follow certain procedures Why not take unilateral 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 ...
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This note was uploaded on 11/22/2011 for the course EL ED 365 taught by Professor Brothermercier during the Fall '11 term at BYU.

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