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Presidents possess vast authority to change policy unilaterally. But their power depends on the compliance of unelected officials, who typically have more information. We examine the conditions under which presidents invest in costly oversight of the bureaucracy. We identify an underlying political process—the polarization of an agent’s potential principals—and argue that because this increases the potential for future policy losses for presidents, they create new means of overseeing agency behavior. To test this argument, we examine abortion restrictions in foreign aid, leveraging archival records and interviews with former officials. Most importantly, this allows us to study prohibitions that were proposed but not adopted. We find that as abortion became an essential part of party competition for the presidency, Republican presidents increased their investment in oversight, which eroded bureaucrats ability to moderate presidential power over abortion abroad.
Presidents possess vast authority over policies and outcomes. Recent studies suggest the public checks this unilateralism through expressive opinions and political participation. We reevaluate this accountability link with a preregistered panel survey that incorporates a number of design and conceptual improvements over existing experimental studies. Our findings reveal a more complex relationship between presidential actions and public opinion. We find no evidence that the public reacts negatively to unilateralism – and some evidence they react positively. Respondents, however, may punish an incumbent for failing to implement the proposed policy change. While such a result suggests that the public can hold presidents accountable, we close by discussing how a lack of information likely renders this check moot.
Unilateral presidential action is thought to be limited by the ability of successors to easily reverse past decisions. Yet, most executive actions are never formally revoked. We argue that because of presidents’ unique position as chief executive, some actions create outcomes that make policy reversal more difficult or even infeasible. We develop a novel measure of policies with more immutable consequences and analyze the revocation of executive orders issued between 1937 and 2021. We find the degree of outcome immutability reduces the influence of political conditions on policy revocation. We further examine these dynamics in three cases in which presidents have substantial discretion – diplomacy, non-combatant detention, and police militarization. Scholarship has long highlighted the president’s first-mover status relative to other institutional actors as a key source of their power. Collectively, our argument and evidence demonstrate this applies to their relationship with successors.
Presidents' unilateral sway over policy is of global concern to scholars, practitioners and the general public. While pending actions provoke media speculation about how much authority presidents have to change policy without legislatures, scholarship has yet to systematically measure presidential discretion across areas of public policy. This study surveys an interdisciplinary panel of scholars, using discrete choice experiments to estimate the latent level of discretion that US presidents have in fifty-four policy areas. Consistent with models of delegation and unilateralism, these measures confirm that presidents have more discretion in foreign affairs, and that discretion promotes executive action. This approach presents the opportunity to examine differences in presidential discretion and public perceptions of presidential power, and can be applied beyond the US case.
Major crises can threaten political regimes by empowering demagogues and promoting authoritarian rule. While existing research argues that national emergencies weaken formal checks on executive authority and increase public appetites for strong leadership, no research evaluates whether crises increase mass support for the president’s institutional authority. We study this question in the context of the coronavirus/COVID-19 pandemic with an experiment embedded in a national survey of more than 8,000 U.S. adults. We find no evidence that the public evaluated policies differently if they were implemented via unilateral power rather than through the legislative process, nor did the severity of the pandemic at either the state, local, or individual levels moderate evaluations of executive power. Instead, individuals’ partisan and ideological views were consistently strong predictors of policy attitudes. Perhaps paradoxically, our results suggest that elite and mass polarization limit the opportunity for crises to promote public acceptance of strengthened executive authority.
Scholarship on oversight of the bureaucracy typically conceives of legislatures as unitary actors. But most oversight is conducted by individual legislators who contact agencies directly. I acquire the correspondence logs of 16 bureaucratic agencies and re-evaluate the conventional proposition that ideological disagreement drives oversight. I identify the effect of this disagreement by exploiting the transition from George Bush to Barack Obama, which shifted the ideological orientation of agencies through turnover in agency personnel. Contrary to existing research, I find ideological conflict has a negligible effect on oversight, whereas committee roles and narrow district interests are primary drivers. The findings may indicate that absent incentives induced by public auditing, legislator behavior is driven by policy valence concerns rather than ideology. The results further suggest collective action in Congress may pose greater obstacles to bureaucratic oversight than previously thought.
Research on presidential distributive politics focuses almost exclusively on federal domestic spending. Yet, presidential influence on public policy extends well-beyond grant allocation. Since the early 20th Century, for example, the president has had substantial discretion to adjust tariff schedules and non-tariff barriers “with the stroke of a pen.” These trade adjustments via presidential directive allow us to test the logic of presidential particularism in an area of policy understudied among presidency scholars. We examine unilateral adjustments to US trade policies between 1917 and 2006, with a detailed analysis of those made between 1986 and 2006, and find that presidents—in accordance with electoral incentives—strategically allocate trade protections to industries in politically valuable states. In general, states in which the president lacks a comfortable electoral majority are systematically more likely to receive protectionist unilateral orders. Overall, our results show that the president’s distributive imperative extends into the realm of foreign affairs, an arena in which the president has substantial authority to influence public policy.
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