The presidential power of unilateral action

Journal of Law, Economics, and Organization

Volumn 15, Issue 1, 1999, Pages 132-179

  Moe, Terry M ^a   Howell, William G ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0033465758     PISSN: 87566222     EISSN: None     Source Type: Journal    
DOI: 10.1093/jleo/15.1.132     Document Type: Article

References (66)

1. Bickel, Alexander. 1962. The Least Dangerous Branch: The Supreme Court and the Bar of Politics. Indianapolis, IN: Bobbs-Merrill.
2. Brady, David, and Craig Volden. 1998. Revolving Gridlock: Politics and Policy from Carter to Clinton. Boulder, CO: Westview Press, 1998.
3. Burke, John. 1992. The Institutional Presidency. Baltimore: Johns Hopkins University Press.
4. Canes, Brandice, William Howell, David Lewis, and Terry M. Moe. 1999. "The Two-Presidency Thesis Revisited ... Again." Paper presented at the Annual Convention of the Midwest Political Science Association.
5. Cash, Robert. 1963. "Presidential Power: Use and Enforcement of Executive Orders," 39 Notre Dame Lawyer 44-55.
6. Chemerinsky, Erwin. 1987. "A Paradox Without Principle: A Comment on the Burger Curt's Jurisprudence in Separation of Powers Cases," May Southern California Law Review.
7. Code of Federal Regulations, Title 3. 1936-present. The President. Washington, D.C.: U. Government Printing Office.
8. Cohen, Jeffrey, and George Krause. 1997a. "Opportunity, Constraints, and the Evolution of the Institutional Presidency: The Issuance of Executive Orders, 1939-1996." Unpublished manuscript.
9. -. 1997b. "Presidential Epochs and the Issuance of Executive Orders, 1901-1994." Paper presented at the annual Midwest Political Science Meeting, Chicago. IL.
10. CIS (Congressional Information Service). 1986. CIS Index to Presidential Orders and Proclamations. Washington, D.C.: CIS, Inc.
11. Cooper, Phillip. 1986. "By Order of the President: Administration by Executive Order and Proclamation," 18 Administration and Society 233-262.
12. _. 1997. "Power Tools for an Effective and Responsible Presidency," 29 Administration and Society 529-556.
13. Corwin, Edward. 1973. The Constitution and What It Means Today, rev. ed.
14. _. 1984. The President: Office and Powers. New York: New York University Press.
15. Cox, Gary, and Matthew McCubbins. 1993. Legislative Leviathan. Berkeley: University of California Press.
16. Cronin, Thomas, and Michael Genovese. 1998. The Paradoxes of the American Presidency. New York: Oxford University Press.
17. Deering, Christopher, and Forrest Maltzman. 1998. "The Politics of Executive Orders: Legislative Constraints on Presidential Power," unpublished manuscript, George Washington University.
18. Diver, Colin. 1987. "Presidential Powers: The Uneasy Constitutional Status of the Administrative Agencies," 36 American University Law Review.
19. Epstein, David, and Sharyn O'Halloran. 1999. Delegating Powers. Cambridge: Cambridge University Press.
20. Ferejohn, John, and Charles Shipan. 1990. "Congressional Influence on Bureaucracy," 6 Journal of Law, Economics, & Organization.
21. Fisher, Louis. 1993. "Laws Congress Never Made [Proclamations and Executive Orders]." 5 Constitution 59.
22. _. 1997. Constitutional Conflicts Between Congress and the President, 4th ed. Kansas: University Press of Kansas.
23. Fleishman, Joel, and Arthur Aufses. 1976. "Law and Orders: The Problem of Presidential Legislation," 40 Law and Contemporary Problems 1-45.
24. Gomez, Brad, and Steven Shull. 1995. "Presidential Decision Making: Explaining the Use of Executive Orders." Paper presented at the annual meeting of the Southern Political Science Association, Tampa, Florida, 2-4, November 1994.
25. Hebe, William. 1972. "Executive Orders and the Development of Presidential Power," 17 Villanova Law Review .
26. Howell, William. 1998. Unilateral Lawmaking: The Presidential Advantage. Ph.D. dissertation manuscript, Stanford University.
27. Johnson, Loch, and James McCormick. 1978. "The Making of International Agreements: A Reappraisal of Congressional Involvement," 40 Journal of Politics 478.
28. Kiewiet, Roderick, and Mathew McCubbins. 1991. The Logic of Delegation. Chicago: University of Chicago Press.
29. King, Gary, and Lyn Ragsdale. 1988. The Elusive Executive: Discovering Statistical Patterns in the Presidency. Washington, D.C.: Congressional Quarterly Press.
30. Kloppenberg, Lisa. 1994. "Avoiding Constitutional Questions," Boston College Law Review, September, 1003-1066.
31. Krause, George, and David Cohen. 1997. "Presidential Use of Executive Orders, 1953-1994," 25 American Politics Quarterly 458-481.
32. Krehbiel, Keith. 1996 "Institutional and Partisan Sources of Gridlock, A Theory of Divided and Unified Government," 8 Journal of Theoretical Politics 7-40.
33. Lowi, Theodore. 1979. The End of Liberalism, 2nd ed. New York: W.W. Norton.
34. -. 1985. The Personal Presidency. Ithaca, NY: Cornell University Press.
35. Margolis, Lawrence. 1986. Executive Agreements and Presidential Power in Foreign Policy. New York: Praeger.
36. Mayer, Kenneth. 1996. "The Importance of Moving First: Executive Orders and Presidential Initiative." Paper delivered at the 1996 Annual Meeting of the American Political Science Association.
37. _. 1997. "Executive Orders and Presidential Power,' unpublished manuscript, University of Wisconsin.
38. Mayhew, David. 1974. Congress: The Electoral Connection. New Haven: Yale University Press.
39. McKelvey, Richard. 1976. "Intransitivities in Multidimensional Voting Models and Some Implications for Agenda Control," 12 Journal of Economic Theory 472-482.
40. Middlekauff, William Bradford. 1990. "Twisting the President's Arm: The Impoundment Control Act as a Tool for Enforcing the Principle of Appropriation Expenditure," Yale Law Journal 209.
41. Moe, Terry. 1985. "The Politicized Presidency," in John Chubb and Paul Peterson, eds., New Directions in American Politics. Washington, D.C.: Brookings Institution.
42. _. 1990. "The Politics of Structural Choice: Toward a Theory of Public Bureaucracy," in O. Williamson, Organization Theory: From Chester Barnard to the Present and Beyond. New York: Oxford University Press, pp. 116-153.
43. _. 1993. "Presidents, Institutions and Theory," in George Edwards, John Kessel, and Bert Rockman, eds., Researching the Presidency. Pittsburgh, PA: University of Pittsburgh Press.
44. _. 1998. "The Presidency and the Bureaucracy: The Presidential Advantage," n Michael Nelson, The Presidency and the Political System, 5th ed. Washington D.C.: Congressional Quarterly Press.
45. _, and William Howell. 1998. The Stroke of a Pen: The President's Power of Unilateral Action, unpublished manuscript, Stanford University.
46. Moreno, Paul. 1996. "Racial Proportionalism and the Origins of Employment Discrimination Policy, 1933-1950," 8 Journal of Policy History 410-439.
47. Morgan, Ruth. 1970. The President and Civil Rights. New York: St. Martin's Press.
48. Nathan, Richard. 1969. Jobs and Civil Rights. Washington, D.C.: U.S. Government Printing Office.
49. _. 1983. The Administrative Presidency. New York: John Wiley.
50. Nathan, James, and James Oliver. 1994. Foreign Policy Making and the American Political System. Baltimore: Johns Hopkins University Press.
51. Neighbors, William. 1964. "Presidential Legislation by Executive Order," 37 University of Colorado Law Review 105-118.
52. Neustadt, Richard E. 1960. Presidential Power and the Modern Presidents. New York: Free Press.
53. Pious, Richard. 1979. The American Presidency. New York: Basic Books.
54. Philippa Strum, 1974. The Supreme Court and "Political Questions ": A Study in Judicial Evasion. Tuscaloosa: University of Alabama Press.
55. Pyle, Christopher, and Richard Pious. 1984. The President, Congress and the Constitution. New York: Free Press.
56. Roosevelt, Theodore. 1914. An Autobiography. New York: Macmillan.
57. Shane, Peter, and Harold Bruff. 1988. The Law of Presidential Power. Durham, NC: Carolina Academic Press.
58. Shanley, Robert. 1983. "Presidential Executive Orders and Environmental Policy," 13 Presidential Studies Quarterly 405-416.
59. Silverstein, Gordon. 1992. "Judicial Enhancement of Executive Power," in Paul Peterson, ed., The President, The Congress and The Making of Foreign Policy. Norman: University of Oklahoma Press.
60. _. 1997. Imbalance of Powers: Constitutional Interpretation and the Making of American Foreign Policy. New York: Oxford University Press.
61. Sundquist, James. 1981. The Decline and Resurgence of Congress. Washington, D.C.: Brookings Institution.
62. United States Reports. 1997. Shepard's Code of Federal Regulations Citations. Colorado Springs: Shepard's/McGraw-Hill, Inc.
63. U.S. House of Representatives. 1988. Hearing before a Subcommittee of the Committee on Government Operations, Presidential Directives and Records Accountability Act. 100th Congress, 2d Session, p. 29. Washington, D.C.: U.S. Government Printing Office.
64. U.S. Senate. 1974. Report of the Special Committee on National Emergencies and Delegated Powers. "Executive Orders in Times of War and National Emergency." Washington, D.C.: U.S. Government Printing Office.
65. Wigton, John. 1991. "Recent Presidential Experience with Executive Orders," 26 Presidential Studies Quarterly 473-484.
66. Wilcox, Francis. 1971. Congress, the Executive, and Foreign Policy. New York: Harper & Row.