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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.

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Unilateral Action

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  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?

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