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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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An Independent President or Administrator?

An Independent President or Administrator?

Orders to Preempt and Support Congress

Chapter:
(p.118) Chapter Six An Independent President or Administrator?
Source:
The Dual Executive
Author(s):

Michelle Belco

Brandon Rottinghaus

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804799973.003.0006

Chapter 6 explores the unilateral actions of the president’s dual roles after legislation (bills) is on Congress’s agenda. At this stage, presidents can bargain with Congress over the formulation of legislation. Independent presidents use unilateral orders to preempt the lengthy legislative process and administrators do so to issue unilateral orders to support legislation. Presidents are clearly interested in issuing unilateral orders that work to their advantage whether it is to prevent legislation from progressing or to facilitate legislative progress when it is otherwise slowed by collective action problems in Congress. Presidents are more likely to use unilateral orders to preempt legislation when the issue is on their agenda, there is greater friction between the branches, Congress is internally divided, and presidents have greater discretion to act.

Keywords:   legislation, divided government, unilateral orders

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