won him the nickname the Great Communicator quoting Professor Martha Kumar of

Won him the nickname the great communicator quoting

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won him the nickname 'the Great Communicator ... .'" (quoting Professor Martha Kumar of Towson State University)). 54 Frederick M. Kaiser, Congressional Oversight of the Presidency, THE ANNALS, Sept. 1988, at 75, 79. 2323
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2324 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 141: 2311 c. The President's Budgetary Control of the Administrative State A third way in which the president exercises a substantial amount of control over the administrative state is by approving or rejecting the budget proposals and the recommended rules of administrative agencies. The Budget and Accounting Act of 192155 states that administrative agencies cannot submit their budget requests directly to Congress but, instead, must pass them on to the president who reviews and revises the proposals before sending them on to Congress. 56 President Franklin D. Roosevelt centered that review power in the Bureau of the Budget in 1936. 57 Although initially the Bureau of the Budget and its successor, the Office of Management and Budget ("OMB"), operated in a nonpartisan fashion, over the past two decades both Republican and Democratic presidents have made it much more of an ideological organization that pursues the policy goals of the White House. 58 By determining funding priorities for different administrative agencies, the OMB is somewhat of a policy-making arm of the White House. 59 This policy-making function of the OMB became particularly acute after President Reagan issued Executive Orders 12,2916' and 12,498,61 which established that all new, and existing, "major" administrative rules would be reviewed by the OMB. 62 The Reagan 55 Pub. L. No. 67-13, ch. 18,42 Stat. 20 (codified as amended in scattered sections of 31 U.S.C.) 56 See H.R. No. 14, 67th Cong., 1st Sess., 4-5 (1921); Louis FISHER, CONSTrrTU- TIONAL CONFLICTS BETWEEN CONGRESS AND THE PRESIDENT 226-27 (1985). 57 See FISHER, supra note 56, at 135. 58 See MEZEY, supra note 27, at 90; see also FISHER, supra note 56, at 138-39. 59 As noted by one author: The politicization of OMB was part of a larger movement toward centraliza- tion of executive-branch policymaking in the White House. In recent years, presidents have devoted more of their own and their staff's time to the process of policy development-to the assembling of ideas for policies, to the discussion of these ideas in the White House, and to the drafting and ultimate submission of legislative proposals embodying these ideas to Congress. MEZEY, supra note 27, at 91. 60 Exec. Order No. 12,291, 3 C.F.R. 127 (1981), reprinted in 5 U.S.C. § 601 (1988). 61 Exec. Order No. 12,498,3 C.F.R. 323 (1985), reprinted in 5 U.S.C. § 601 (1988). 62 See MILKIS & NELSON, supra note 31, at 343; see also Alan B. Morrison, OMB Interference with Agency Rulemaking: The Wrong Way to Write A Regulation 99 HARV. L. REV. 1059 (1986). Mr. Morrison states: [O]ne of [the Reagan administration's] first acts was to issue Executive Order 12,291, which dramatically changed the relation between the agencies
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CONGRESSIONAL TERM LIMITS administration, however, was not the first to attempt to control administrative policy-making. Presidents Nixon, Ford, and Carter are recent examples of chief executives who have tried to do the same thing.
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