The Power of Decree

Abstract

Recent scholarship on unilateral presidential actions has recast our understanding of modern presidential policy making. However, our knowledge on this issue remains incomplete. In this article, the authors expand the literature on the unilateral presidency by exploring presidential proclamations from 1977 to 2005 (Presidents Carter to Bush) and identifying the importance of these tools as a policy-making instrument in expanding presidential power. By carefully examining the use of presidential proclamations, the authors discover that a majority of presidential proclamations involve presidential authority under congressionally delegated powers of international trade (and presidents most often use this authority to propose new trade arrangements or modify existing trade agreements), and they use this power in coordination with (but largely independent of) Congress. Presidents also use proclamations on the issue of national parks and federal lands exclusively to initiate new federal arrangements to establish new national parks or protections for federal lands, often against the will of Congress.