Presidents and Terminal Logic Behavior: Term Limits and Executive Action in the United States, Brazil, and Argentina

Contents

xi xiii List of Illustrations List of Tables Acknowledgments xv 1. PRESIDENTS AND EXECUTIVE TERM STRUCTURE 1.1 1 1.2 4 1.3 7 1.4 Introduction Becoming Terminal: Presidents Operating in Dual Frames Research Design and Methodological Overview Plan of the Book 14 2. INSTITUTIONALISM: PRESIDENTIAL BEHAVIOR AND THE RULE OF LAW 2.1 16 2.2 20 2.3 22 2.4 27 2.5 30 2.6 Developing a Definitional Framework Before and after the Twenty-Second Amendment: Norms vs. Institutions Executive Term Structure: An Unexplored Area of Inquiry The Term Limit Debate Choice in Executive Term Structure: The Political Reality Conclusion 36 3. THE MOTIVATIONAL STRUCTURE OF TERMINAL PRESIDENTS: WHAT TO EXPECT AND WHY 3.1 38 3.2 40 3.3 44 3.4 54 3.5 Introduction Dual Frames of Reference The Cycle of Presidential Periods Legacy Agenda of Presidents: Domestic vs. Foreign Policy Conclusion 55 Contents CONTENTS 4. CHANGING THE STATUS QUO: THE DECREE POWER OF US PRESIDENTS 4.1 56 4.2 57 4.3 60 4.4 68 4.5 72 4.6 Introduction Proactive Power and the Initiative to Decree Decree Power in the United States Executive Initiative vs. Delegated Authority: How the Court and Congress Handle Presidential Decrees The Collection and Coding of US Presidential Decrees Conclusion 82 5. TERMINAL LOGIC BEHAVIOR OF US PRESIDENTS 5.1 84 5.2 90 5.3 96 5.4 99 5.5 The Model: Some Expectations Data Results Emergency Power Decrees: After the 1976 National Emergencies Act Emergency Powers and Terminal Logic Behavior Conclusion 103 6. DECREE POWER IN ARGENTINA AND BRAZIL 6.1 107 6.2 112 6.3 120 6.4 125 6.5 Introduction Term Limits and Decree Power The Changing Constitutional Boundaries of MPVs and DNUs How the Court and Congress Handle MPVs and DNUs Conclusion 140 7. TERMINAL LOGIC BEHAVIOR IN ARGENTINA AND BRAZIL: A COMPARATIVE LOOK 7.1 143 7.2 148 7.3 151 7.4 155 7.5 160 Introduction Using the Case Study Method The Effect of Reforms on Decree Issuance: The Evidence in Brief Data and Analysis: Explaining Trends of Frequency Concluding Remarks: Moving beyond Individual Differences CONTENTS 8. 162 ANTICIPATING THE EFFECTS OF TERMINAL LOGIC BEHAVIOR: AVENUES OF FUTURE INQUIRY Appendix: Formal Decree Power as Stipulated by 173 Brazil’s 1988 Constitution Notes 177 Bibliography 203 Index 221 ...