What can the President do on his own

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Since 1986, part of official legislative history

Used as de facto line item veto since Reagan

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Slide 11

Why take unilateral action?

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Slide 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

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Slide 13

Problems?

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Slide 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

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Slide 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

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Slide 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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