scholarly journals Governing by Executive Order during the COVID-19 Pandemic: Preliminary Observations Concerning the Proper Balance between Executive Orders and More Formal Rule Making

2021 ◽  
Author(s):  
Kelly Deere
Keyword(s):  
Executive Order ◽  
Executive Orders ◽  
Formal Rule ◽  
Rule Making ◽  
Proper Balance

scholarly journals Political control and policy-making uncertainty in executive orders: the implementation of environmental justice policy

2018 ◽  
Vol 39 (2) ◽  
pp. 329-358 ◽  
Author(s):  
Colin Provost ◽  
Brian J. Gerber
Keyword(s):  
Environmental Justice ◽  
Policy Making ◽  
Original Data ◽  
Political Control ◽  
Executive Order ◽  
Data Set ◽  
Executive Orders ◽  
Fire Alarm ◽  
Bureaucratic Responsiveness ◽  
The Impact

AbstractEnvironmental justice (EJ) has represented an important equity challenge in policymaking for decades. President Clinton’s executive order (EO) 12898 in 1994 represented a significant federal action, requiring agencies to account for EJ issues in new rulemakings. We examine the impact of EO 12898 within the larger question of how EO are implemented in complex policymaking. We argue that presidential preferences will affect bureaucratic responsiveness and fire alarm oversight. However, EJ policy complexity produces uncertainty leading to bureaucratic risk aversion, constraining presidential efforts to steer policy. We utilise an original data set of nearly 2,000 final federal agency rules citing EO 12898 and find significant variation in its utilisation across administrations. Uncertainty over the nature of the order has an important influence on bureaucratic responsiveness. Our findings are instructive for the twin influences of political control and policy-making uncertainty and raise useful questions for future EJ and policy implementation research.

By Executive Order

2021 ◽  
Author(s):  
Andrew Rudalevige
Keyword(s):  
United States ◽  
Chief Executive ◽  
The United States ◽  
Executive Branch ◽  
Federal Agencies ◽  
Presidential Power ◽  
Executive Order ◽  
Personal Power ◽  
Executive Orders

The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. This book provides the first comprehensive look at how presidential directives are written — and by whom. The book examines more than five hundred executive orders from the 1930s to today — as well as more than two hundred others negotiated but never issued — shedding vital new light on the multilateral process of drafting supposedly unilateral directives. The book draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. It explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, the book reveals how the executive branch holds the power to both enact and constrain the president's will.

Kebijakan Imigrasi Presiden Trump Terhadap Masyarakat Imigran Di Amerika Serikat Tahun 2017-2018

2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Made Fitri Padmi ◽  
Zaenab Yulianti
Keyword(s):  
United States ◽  
Immigration Policy ◽  
The United States ◽  
Immigrant Communities ◽  
Executive Order ◽  
Literature Study ◽  
Donald Trump ◽  
Executive Orders ◽  
Muslim Countries ◽  
The Impact

AbstrakTulisan membahas tentang kebijakan imigrasi Donald Trump pada 2 tahun pertama dan dampaknya terhadap masyarakat imigran di Amerika Serikat. Kebijakan imigrasi yang penulis bahas dalam tulisan ini adalah Executive Order di tandatangi Donald Trump pada tahun 2017 terkait larangan akses masuk masyarakat dari tujuh negara muslim yang menurut Amerika Serikat merupakan negara pendukung terorisme. Karya tulis ini menggunakan pendekatan kualitatif dan studi kepustakaan serta penyajian data secara eksplanatif. Dalam tulisan ini menunjukan bahwa kebijakan imigrasi Donald Trump mengakibatkan dampak terhadap imigran dari tujuh negara muslim yang ada dan calon imigran yang akan menuju ke Amerika Serikat. Selain dampak terhadap sasaran utama, kebijakan ini juga berdampak pada imigran-imigran lain diluar tujuh negara tersebut serta keamanan, tindakan diskriminasi dan fenomena Xenophobia dan Islamophobia di Amerika Serikat.Kata Kunci: Donald Trump, Executive Order, Imigran, Diskriminasi AbstractThis paper discussed the impact of Donald Trump's immigration policy in the first 2 years against immigrant communities in the United States. The immigration policy that the writer discussed in this paper was the Executive Orders which was signed by Donald Trump in 2017 related to the prohibition of entry into the United States from seven Muslim countries, which according to the United States is a country supporting terrorism. This paper used a qualitative approach and literature study as well as an explanatory data presentation. The results of this paper showed that Donald Trump's immigration policy has had an impact on immigrants from seven existing Muslim countries and prospective immigrants heading to the United States. In addition to the impact on the main targets, this policy also affected other immigrants outside the seven countries as well as security, acts of discrimination and the phenomenon of Xenophobia and Islamophobia in the United States.  Keywords: Donald Trump, Executive Order, Immigrants, Discrimination

scholarly journals Use of Executive Orders in Nigeria by the Executive Branch of Government in Time of Emergency

2020 ◽  
Vol 2 (3) ◽  
pp. 669-678
Author(s):  
Oluwapelumi Odunayo Osadola ◽  
Phebe Oluwatoni Ojo
Keyword(s):  
United States ◽  
United States Of America ◽  
Separation Of Powers ◽  
The United States ◽  
Executive Branch ◽  
The Other ◽  
Executive Order ◽  
Legal Regime ◽  
Executive Orders ◽  
Fourth Republic

Executive Orders are not invoked as a matter of course by the President or Governors heading the Executive Cabinet. These orders are exercisable when heads of the executive branch of government see for their needfulness and for smooth running of their governmental programmes or policies. Every Executive order must carry the force of law for it to be valid or to be duly recognised by the other branches of government which if not, the latter may question its constitutionality. The advantages of executive orders are very innumerable to mention however it has been said that the use of executive orders have assaulted the concept of separation of powers which is embedded in the 1999 Nigerian Constitution (as amended)as adopted from the United States of America. This paper focuses on the meaning and historical antecedent of executive orders in Nigeria, legal regime or statutory provisions of executive orders in Nigeria, executive orders versus doctrine of separation of power, challenges of executive orders under the 1999 constitution (as amended), praxis of executive orders under the Nigeria fourth republic and lastly is the conclusion and recommendations made thereto. To achieve these, the writers will make use of relevant materials at their disposal.

29 Art. 80 GG: Issuance of Executive Orders

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Federal Government ◽  
State Governments ◽  
Executive Order ◽  
Federal Minister ◽  
Executive Orders ◽  
Autonomous Decision ◽  
Federal Constitutional ◽  
Delegation Of Powers ◽  
Law Making ◽  
Do So

This chapter discusses the relevant provisions of Art. 80 of the Grundgesetz (GG) with regard to the issuance of executive orders. Under the Grundgesetz, only the federal government, a federal minister, or state governments may create executive orders, and only to the extent that they are expressly authorised to do so by a parliamentary law. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the scope of Art. 80 GG, focussing on the delegation of law-making power to the executive in the form of authorisation to promulgate executive orders. It then considers the specificity of the delegation of powers, with emphasis on the four formulas developed by the Court: foreseeability formula, autonomous decision formula, program formula and clarity formula. It also analyses the requirement of citation for authorities which create an executive order, the procedure for issuing executive orders, and executive orders which require consent by the Bundesrat.

Office of Information and Regulatory Affairs: Past, Present, and Future

2019 ◽  
Vol 11 (1) ◽  
pp. 2-37 ◽  
Author(s):  
Jim Tozzi
Keyword(s):  
Final Section ◽  
Critical Role ◽  
Executive Order ◽  
Review System ◽  
Regulatory Review ◽  
Executive Orders ◽  
Regulatory Affairs ◽  
Final Rule ◽  
Regulatory Budget

AbstractThis article has three sections, each of which deals with an Executive Order. The first section, “Office of Information and Regulatory Affairs (OIRA) Past,” emphasizes the critical role that Executive Orders played in the formation of OIRA. More specifically, OIRA owes its initial existence to the establishment of a centralized regulatory review system, the Quality of Life Review, which initiated Office of Management and Budget (OMB) review of environmental regulations through the issuance of a directive from OMB. Every subsequent President expanded OMBs powers through the issuance of Executive Orders which culminated in the Iconic Executive Order 12291. The section concludes with the recommendation that a select class of Executive Orders, and OMB Directives, be designated as “Iconic” by the National Archivist in consultation with the OIRA, and then given substantial deference by incoming Administrations. The second section, “OIRA Present,” describes an Executive Order issued during the Kennedy Administration which remains in effect but was promulgated prior to the establishment of OIRA and therefore recommends that a new Executive Order be issued which gives OIRA specific authority to participate in the conduct of interagency reviews of Executive Orders. The third section, “OIRA Future,” describes an Executive Order which implements a regulatory budget (RB) and institutionalizes a mechanism for controlling the size of the administrative state. This final section of the article recommends that the aforementioned Executive Order be reviewed and modified based upon the outcome of a request for public comments, and rules with demonstrated positive net benefits should no longer be accorded an automatic entitlement for issuance as a final rule absent their inclusion in an RB.

“On My Own”?

2021 ◽  
pp. 1-24
Author(s):  
Andrew Rudalevige
Keyword(s):  
Executive Branch ◽  
Executive Power ◽  
Executive Order ◽  
Executive Orders ◽  
Ex Ante

This chapter gives a brief background of how executive orders have been used by US presidents. As a way of implementing statute in ways that hew to presidential preference, executive orders have been utilized from the Washington administration forward as an implication of the constitutional “executive power” vested in the president. Any issued order reflects presidential preferences, more or less purely enacted into action. The chapter seeks to unpack this view substantively and theoretically. Presidential action can be bound not just by legislators or judges but also by actors within the executive branch itself. The ultimate form of a given executive order may reflect agency needs, or the outcome of intrabranch negotiation, rather than pure ex ante presidential preferences.

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