The Letter of the Law: Administrative Discretion and Obama’s Domestic Unilateralism

@article{Rudalevige2014TheLO,
  title={The Letter of the Law: Administrative Discretion and Obama’s Domestic Unilateralism},
  author={Andrew Rudalevige},
  journal={The Forum},
  year={2014},
  volume={12},
  pages={29 - 59}
}
Abstract In his 2014 State of the Union address Barack Obama pledged to act without Congress on a variety of fronts, following up his “we can’t wait” campaign of unilateralism before the 2012 election. The partisan furor this engendered tended to obscure the longstanding efforts of presidents to “faithfully execute” the law in a manner that aligns with their policy preferences. This paper examines the broad logic of those efforts, and delineates five areas where the Obama administration has… Expand

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References

SHOWING 1-10 OF 82 REFERENCES
Enforcing (But Not Defending) 'Unconstitutional' Laws
When should the executive decline to defend in court a federal law it has determined to be unconstitutional, yet still enforce that same statute against third parties? The question is prompted by theExpand
Enforcement Discretion and Executive Duty
Recent Presidents have claimed wide-ranging authority to decline enforcement of federal laws. The Obama Administration, for example, has announced policies of abstaining from investigation andExpand
The presidency and the law : the Clinton legacy
Political scandals have always demonstrated the capacity of our executive officials for self-inflicted injuries, and the Clinton administration was no exception. Unilateral war-making, claims ofExpand
Dream On: The Obama Administration's Nonenforcement of Immigration Laws, the DREAM Act, and the Take Care Clause
I. IntroductionAs a candidate in the 2008 presidential election race, Barack Obama vigorously denounced the Bush Administration for what he argued were extreme and indefensible assertions ofExpand
Presidential Non-Enforcement of Constitutionally Objectionable Statutes
This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issueExpand
In Defense of Big Waiver
=s1Introduction@ Modern administrative law emerged in response to a now foundational governmental practice: the delegation of broad lawmaking power to administrative agencies. Many, if not most, ofExpand
The Decline and Resurgence of Congress
" Solid ground for optimism as well as cause for foreboding." So James L. Sundquist views the outcome of the struggle by the Congress in the 1970s to recapture powers and responsibilities that inExpand
The Law : President Obama's Signing Statements and the Expansion of Executive Power
Barack Obama campaigned for president of the United States on a promise of fidelity to the Constitution and stated that he would not issue any signing statements to revise legislative intent. HisExpand
Innocent until nominated : the breakdown of the presidential appointments process
According to outspoken presidential scholar Cal Mackenzie, the presidential appointments process is a national disgrace. It encourages bullies and emboldens demagogues, silences the voices ofExpand
Presidential Directives: Background and Overview
Abstract : From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishingExpand
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