What can the President do on his own

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Slide 1

Unilateral Action

Execution of the laws or legislation?

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Slide 2

Types

Executive Orders

Presidential Memoranda

Presidential Proclamations

National Security Directives

Impoundment

Signing statements

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Slide 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.

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Slide 4

Executive Orders

Informal in history

Process today

Published in Federal Register, numbered

Legal Authority

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Slide 5

Average Executive Orders per year (Washington through Reagan)

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Slide 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

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Slide 7

Presidential Memoranda

Pronouncement directed to executive branch officials

No publication in Federal Register

Below the radar of MCs and media

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Slide 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

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Slide 9Impoundment

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

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Slide 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.