The conventional wisdom holds that the president of the United
States is weak, hobbled by the separation of powers and the short
reach of his formal legal authority. In this first-ever in-depth
study of executive orders, Kenneth Mayer deals a strong blow to
this view. Taking civil rights and foreign policy as examples, he
shows how presidents have used a key tool of executive power to
wield their inherent legal authority and pursue policy without
congressional interference.
Throughout the nation's life, executive orders have allowed
presidents to make momentous, unilateral policy choices: creating
and abolishing executive branch agencies, reorganizing
administrative and regulatory processes, handling emergencies, and
determining how legislation is implemented. From the Louisiana
Purchase to the Emancipation Proclamation, from Franklin
Roosevelt's establishment of the Executive Office of the President
to Bill Clinton's authorization of loan guarantees for Mexico, from
Harry Truman's integration of the armed forces to Ronald Reagan's
seizures of regulatory control, American presidents have used
executive orders (or their equivalents) to legislate in ways that
extend far beyond administrative activity.
By analyzing the pattern of presidents' use of executive orders
and the relationship of those orders to the presidency as an
institution, Mayer describes an office much more powerful and
active than the one depicted in the bulk of the political science
literature. This distinguished work of scholarship shows that the
U.S. presidency has a great deal more than the oft-cited "power to
persuade."
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