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The Dual ExecutiveUnilateral Orders in a Separated and Shared Power System$
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Michelle Belco and Brandon Rottinghaus

Print publication date: 2017

Print ISBN-13: 9780804799973

Published to Stanford Scholarship Online: January 2018

DOI: 10.11126/stanford/9780804799973.001.0001

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The Source of Authority and Delegation of Powers

The Source of Authority and Delegation of Powers

Chapter:
(p.56) Chapter Four The Source of Authority and Delegation of Powers
Source:
The Dual Executive
Author(s):

Michelle Belco

Brandon Rottinghaus

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804799973.003.0004

Chapter 4 explores the president’s sources of authority and how they are used. Presidents can rely on their constitutional powers or authority delegated by Congress. They may invoke statute-based and constitution-based sources of authority when issuing unilateral orders although the variation is influenced by the different separate and shared power arrangements. The chapter examines the variation in the sources of authority the president cites, as well as when he or she invokes statute-based or constitution-based sources of authority, and the influence of the extent of authority and discretion delegated by Congress.

Keywords:   delegation, legislation, constitution

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