Cover

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pp. c-ii

Title Page

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pp. iii-iii

Copyright Page

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pp. iv-iv

Dedication Page

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pp. v-vi

Table of Contents

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pp. vii-viii

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Chapter 1. Unilateral Directives and the Presidency

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pp. 1-28

On December, 15, 2005, Americans were shocked to learn that President GeorgeW. Bush had issued an executive order directing the National Security Agency (NSA) to engage in domestic spying on U.S. citizens. Bush secretly issued the order in 2002 as part of the government’s effort to prevent...

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Chapter 2. The Constitutional Executive

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pp. 29-53

This chapter examines the question of the place of unilateral presidential directives in the broader constitutional order. These directives do not obviously comport with the U.S. Constitution. After all, in a system of limited government characterized by a separation of powers and checks and balances, how can the president unilaterally make law by a mere stroke of the...

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Chapter 3. Judicial Sanction

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pp. 54-85

Unilateral presidential directives are not in the Constitution but have been essentially read into it, even though they are arguably in tension with its premises of separation of powers and checks and balances. Like judicial review, unilateral presidential directives made a transition from a starting point of constitutional silence, through a period of constitutional contestation,...

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Chapter 4. Early Unilateral Presidential Directives

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pp. 86-119

This chapter examines the presidential use of unilateral directives from the founding of the country to the dawn of the twentieth century. This period is important for unilateral presidential directives for several reasons. First and foremost, these early unilateral directives helped to establish precedents and norms, both constitutionally and politically, that greatly influenced...

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Chapter 5. Theodore Roosevelt and the Rise of Unilateral Presidential Directives

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pp. 120-151

This chapter examines Theodore Roosevelt’s pivotal role in the evolution of unilateral presidential directives. TR established and largely institutionalized the practice of regularly using unilateral presidential directives for significant purposes. His practices became precedents that permanently altered the presidency and the politics of the policymaking process. This...

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Chapter 6. Unilateral Presidential Directives from Roosevelt to Roosevelt: Taft through FDR

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pp. 152-185

This chapter examines the evolution of the presidential use of unilateral directives from the end of Theodore Roosevelt’s presidency through that of his fifth cousin, Franklin Delano Roosevelt. This thirty-six-year period constituted a crucial phase in the development of these important presidential tools, as it marked the entrenchment of TR’s novel uses of such directives,...

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Chapter 7. Unilateral Presidential Directives from the Postwar Era to the Present Day

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pp. 186-222

This chapter examines the use of unilateral presidential directives from Truman’s presidency to the present day. Like their predecessors, presidents from the postwar era to the present have used unilateral directives for a great variety of purposes, at times provoking controversies both politically and constitutionally. Better-known directives in this period include Harry..

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Chapter 8. Conclusions

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pp. 223-246

The previous seven chapters have traced the development of unilateral presidential directives in some detail, noting the roles of various theorists, jurists, and politicians, but focusing on the actions of U.S. presidents from George Washington through Barack Obama. I have argued that American political development has seen a major expansion of presidential power...

Notes

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pp. 247-284

Bibliography

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pp. 285-302

Index

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pp. 303-310

Acknowledgments

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pp. 311-312