Take Up Your Pen: Unilateral Presidential Directives in American Politics

Notes

notes ................. Chapter 1 1. The New York Times sat on the story for over a year before finally publishing it, against the wishes of the Bush administration, which said the disclosure would harm national security. In the summer of 2006, it became clear that the Times had known about Bush’s domestic spying program in the fall of 2004, but Bill Keller, the executive editor, decided against breaking the story on the eve of the presidential election (Calame 2006). 2. Diamond and Jackson 2006. 3. Eggen 2005. 4. New York Times 2005. 5. Chicago Tribune 2005. 6. Philadelphia Inquirer 2005. 7. Dallas Morning News 2005. 8. Diamond and Jackson 2006. 9. Lichtblau and Risen 2006. 10. U.S. Senate, Judiciary Committee 2007. 11. Morin 2006. 12. Harrison died one month into his presidency from pneumonia, contracted when he delivered a lengthy speech in a snowstorm at his inauguration, in which he spoke against executive encroachments on Congress’s legislative function. The subsequent rise of unilateral presidential directives suggests that Harrison’s view lasted little longer than his presidency. 13. Quoted in Simendinger 1998. 14. Quoted in J. Bennett 1998, ‘‘True to Form.’’ 15. Cf. P. Cooper 2002: ‘‘Many of the most important White House controversies have involved presidential direct action, the use of executive orders and proclamations to carry out policy’’ (ix). 16. Cash 1963, 55. 17. Relyea 1998 (see the updated version of 2003). 18. Cf. Ragsdale 1996, 340. The omission of executive agreements and parallel unilateral policy declarations or PUPDs (see Barilleaux 1987) in the CRS report and in this book may be justified in terms of those two directives requiring a foreign 248 Notes to Pages 6–8 partner with whom to formally agree, a precondition that does not constrain the other types of unilateral presidential directives. 19. P. Cooper 1997, 2002. 20. Relyea 1998 (see the updated version of 2003, 1–2). 21. Blake 2000, 293. 22. U.S. House, Committee on Governmental Operations 1957, 1. Unilateral presidential directives are generally written, and this feature figures in most attempts to define them, but it is not clear that they are always written. For example, during George W. Bush’s commencement address at the U.S. Military Academy in West Point in June 2002, he issued an oral order to grant amnesty for cadets who were subject to disciplinary restrictions for minor conduct offenses, and that directive seems not to have been promulgated in written form. And in April 2010, shortly after the BP oil spill off the coast of Louisiana, confusion resulted because Barack Obama’s verbal order for a moratorium on offshore drilling was not immediately put into writing. 23. Ibid., vii. 24. M. Woodward 1990, 125. 25. U.S. House, Committee on Governmental Operations 1957, xx. See also Moss 2000b. 26. P. Cooper 1986, 238. 27. U.S. House, Committee on Governmental Operations 1957, 1. Cf. Schubert 1957, 5; M. Woodward 1990, 126. 28. U.S. Senate, Special Committee on National Emergencies and Delegated Emergency Powers 1974c, 4; U.S. House, Committee on Governmental Operations 1957, 4. 29. U.S. Senate, Special Committee on National Emergencies and Delegated Emergency Powers 1974c, 4. 30. According to Rottinghaus and Maier, 70 percent of all nonceremonial, nonrhetorical proclamations issued between 1977 and 2005 concerned trade (2007, 340). 31. E.g., Gerald Ford’s Exec. Order No. 11,846 of March 1975 concerned the administration of trade agreements, and his Exec. Order No. 11,951 of January 1977 concerned international trade in textiles. 32. E.g., M. Woodward 1990, 126; P. Cooper 1986, 238; G. Bennett 2000, 178; Neighbors 1964, 106. 33. E.g., Gerald Ford’s Exec. Order No. 11,803 of September 1974 established a clemency board, and Jimmy Carter’s Exec. Order No. 11,967 of January 1977 implemented his pardon of Vietnam War draft evaders and deserters. 34. U.S. Senate, Special Committee on National Emergencies and Delegated Emergency Powers 1974c, 3. 35. Schubert 1957, 305. In contrast, Diaz-Rosillo contends that ‘‘it was not until the post World War II period that a majority of all proclamations issued per year became . . . hortatory’’ (2008, 12). Notes to Pages 8–10 249 36. On occasion, a president has refused to issue such a proclamation in order to block a treaty from taking effect. For example, Franklin Pierce did this in 1856 for a treaty with Venezuela, in order to force changes...