How can the president

circumvent checks and

balances through “Unilateral
Action”?
Unilateral – describes an action or decision
performed by one person, without the
agreement of others.
 Types
O Executive Orders
O Presidential Memoranda
O Presidential Proclamations
O National Security Directives
O Impoundment
O Signing statements
 Executive Orders
O 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.
 Executive Orders
O Informal in history
O Process today
O Published in Federal Register, numbered
O Legal Authority
Presidential Proclamations
O States a condition, declares law and
requires obedience, or recognizes an event.
(Also pardons)

O Binding on the public.

O Published in the Federal Register

Presidential Memoranda
O Pronouncement directed to executive branch
officials

O No publication in Federal Register

O Below the radar of MCs and media

National Security Directives
O Formal declaration to an agency or
department head of a presidential
national security decision, requiring
follow-up.
O Designed at the National Security
Council
O Not published.
O Mostly classified.
O Problems with small group dynamics,
Congress’ exclusion
 Impoundment
O The president refuses to spend funds appropriated by
Congress

O Congress has restricted this practice (1974, 1987)

O He can only defer spending if:

O A “special contingency”
O To achieve savings through more efficient operations
O He can only propose to permanently rescind funds,
but Congress must approve within 45 days
 Signing Statements
O Traditionally innocuous
O 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.
O Since 1986, part of official legislative
history
O Used as de facto line item veto since
Reagan
Why take unilateral action?
Why take unilateral action?
O Quick in an emergency situation

O Pay debts to important groups without

committing many resources

O Don’t attract much attention

O Signing statements prevent vetoes of

complex/end of session legislation
Problems?
 Why not take unilateral
action?
O Contribute to accumulation of power in
executive hands

O Make it more difficult for successors to

govern

O Undermine existing administrative law

procedures
 Why not take unilateral
action?
O Contribute to accumulation of power in executive
hands

O Make it more difficult for successors to govern

O Undermine existing administrative law

procedures

O Easy for next administration to undo

O Closed policymaking processbad policy?

 Examples from Trump
Administration
O https://www.whitehouse.gov/briefing-
room/presidential-actions