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Power without Persuasion: The Politics of Direct Presidential Action

Book
William G. Howell
2015
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Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy.


Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists.


Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.

Table of Contents

Cover

Title page, Copyright, Dedication

Contents

List of Figures

pp. ix

List of Tables

pp. xi

Preface

pp. xiii-xx

1. Presidential Power in the Modern Era

pp. 1-23

2. A Formal Representation of Unilateral Action

pp. 24-54

3. Bridge Building

pp. 55-75

4. Theory Testing

pp. 76-100

5. Congressional Constraints on Presidential Power

pp. 101-135

6. The Institutional Foundations of Judicial Deference

pp. 136-174

7. Conclusion

pp. 175-188

Appendix 1. Coding of Executive Orders

pp. 189-191

Appendix 2. Proofs of Propositions in the Unilateral Politics Model

pp. 192-195

Appendix 3. Identifying Congressional Challenges to Executive Orders

pp. 196-197

Appendix 4. Federal Court Challenges to Executive Orders

pp. 198-202

Notes

pp. 203-218

Bibliography

pp. 219-230

Index

pp. 231-240
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