Thesis (Ph. D.)--University of Tennessee, Knoxville, 2008. / Title from title page screen (viewed on Mar.9, 2009). Thesis advisor: Michael R. Fitzgerald. Document formatted into pages (xi, 226 p. : ill.). Vita. Includes bibliographical references (p. 191-210).

Executive orders are a significant source of presidential power although scholars disagree on the nature of that power. It has been argued that executive orders are an indication of a president's failure to persuade others to act as he desires; others contend that executive orders offer "power without persuasion." This dissertation introduces the conditional model of executive order issuance and duration in order to offer a synthesis to these competing views, and to offer a better understanding of the opportunities and constraints faced by the president when choosing to act unilaterally through executive orders. The conditional theory holds that both the issuance and duration of executive orders is a function of the president's ideological proximity to Congress and the Supreme Court, and the availability of fresh policy space.

This thesis seeks to define the American President's role as legislative leader and to trace the origin and development of that role throughout the history of the office of the presidency. Presidents were not consistently active in this capacity until the middle of the twentieth century. The first part of the thesis examines precedents set by strong presidents prior to and early in the twentieth century, as well as an important institutional change in the government, the creation of the Budget System, which smoothed the way for Presidential adoption of the tasks of legislative leader. The middle sections of the work examine the three American Presidents who fully adopted and institutionalized the role of legislative leader within the presidency, Franklin Roosevelt, Harry Truman and [)wight Eisenhower. Finally, the conclusions section examines the implications of presidential adoption of this role in the American system of government with respect to the balance between the President and the Congress. Research for this paper consisted of careful examination of primary sources, books and periodicals covering the history of the presidency, as well as examination of political commentary on the office and many of its occupants. In addition, communication with the Office of Legislative Reference in the Executive Office of the President provided helpful information.

Indiana University-Purdue University Indianapolis (IUPUI) / The study of the presidency would appear to be relatively simple. The sample population is relatively small, their performance is, for the most part, recorded and like the weather, it seems everyone has opinions about them. In reviewing current literature discussing presidential greatness, most historians and political scientists have generally looked to answer two questions: 1) Who were our greatest, and; 2) How should all be rank ordered? For the last 65+ years, presidential polls have been the main vehicle used to answer these questions. In doing so, researchers have generally reached out to the public and asked them to rank order the presidents from greatest to worst. The results at the top and bottom of these surveys have been relatively consistent. While the specific order may vary, Abraham Lincoln, George Washington and Franklin Delano Roosevelt are generally viewed as the best; with the likes of James Buchanan, Andrew Johnson and Warren Harding at or near the bottom of the rankings. As for the rest, they usually fit into one of four categories -- the near great, the average, the below average, or failures, with the one-term presidents who failed to be reelected normally being rated in the lower categories. This would seem to make sense, because they are often viewed as failed presidents. However, as surprising as it may seem, of the 43 men who have served as President of the United States, only fourteen were reelected and went on to serve past their initial term. Ten were defeated in their bid for a second term. Five failed in their attempt to win their party’s nomination to run for reelection and seven opted not to run for reelection. Additionally, five of the seven who died while in office, died during their first term and were not afforded the opportunity to run for a second term. It does not appear that any scholarly work has been done to collectively look at this group who make up a full third of the presidential population. This represents a sizable gap in political thinking to be rectified.

The opportunity for substantively variable but spectacular and dramatic events to significantly and positively impact on presidential popularity was investigated. The role of the mass media in establishing a charismatic and non-rational basis for authority in a modern mass democracy was studied. The policy-making process and the limitations on presidential power were observed in the crises management of the Kennedy Administration, the first ‘television Presidency.' Presidential popularity and political events data was analysed for the period 1965-1984, applying time series analytical techniques to an empirical study of the phenomenon. A description of the data and the investigation is included, and the consequences of the obtained results for understanding the acts of Presidents and the institution of the Presidency are considered. / M.A.

Thesis (MA)--University of Stellenbosch, 2011. / ENGLISH ABSTRACT: This thesis aims to measure President Barack Obama’s level of presidential agency in foreign policy, in order to determine whether he will be able to achieve his ambitious goal of renewing US leadership in foreign affairs. To do so, this thesis will make use of a two-level analysis: The primary level of analysis will focus on the office of the president, and the constitutionally determined formal powers it confers on the president. It will also study the constraints placed on the president by the powers conferred on other branches of government, as well as the institutional and societal context in which the president must function. The second level of analysis will focus on the president as an individual, and the role that a number of personality traits and informal powers play in presidential agency. The central hypothesis of this thesis is that while all presidents are exposed to roughly the same set of institutional constraints, an individual president’s level of agency depends on their utilisation of a number of informal powers. In order to measure this hypothesis, a five-point framework will be developed by abstracting from the existing literature on informal powers. This framework will consist of five criteria believed to be a prerequisite for a high degree of presidential agency: (1) a favourable disposition to foreign affairs; (2) the ability to provide strong leadership in policy formulation; (3) a command over Pennsylvania Avenue politics; (4) the utilisation of the role of public opinion maker; (5) and the utilisation of the role of global statesmen. While Obama will be shown to do well against the framework, his lack of tangible accomplishments will be shown to stem from the magnitude of the challenges he faces; the larger foreign policy context in which he came to office; and the deep-seated distrust of the motives underlying US foreign policy in certain regions. Furthermore, the time constraints he faces, and the impact of the election cycle, will be identified as a limit to the pace of implementation and the extent of the changes he is able to make. / AFRIKAANSE OPSOMMING: Die doel van hierdie tesis is om President Barack Obama se vlak van presidensiële agentskap in buitelandse beleid te meet om te bepaal of hy sy ambisieuse doelwit om die VSA se leierskap in buitelandse sake te hernu, sal bereik. ’n Tweevlakkige analise sal vir hierdie doel aangewend word. Die analise sal op ’n primêre vlak fokus op die president as ampsdraer, en die formele magte wat deur die grondwet aan hom toegeken word. Dit sal ook die beperkinge wat op die president geplaas word as gevolg van die magte wat aan die ander takke van die regering toegeken word, bestudeer. Verder sal die institusionele en maatskaplike konteks waarin die president moet fuksioneer in ag geneem word. Die tweede vlak van analise sal op die president as individu fokus, en die rol wat sekere informele magte en persoonlikheidseienskappe in presidensiële agentskap speel. Die sentrale hipotese van hierdie tesis, is dat alhoewel alle presidente deur dieselfde institusionele beperkinge geaffekteer word, ’n spesifieke president se vlak van agentskap afhang van sy gebruik van informele magte. Hierdie hipotese sal gemeet woord deur ’n vyfpuntraamwerk te ontwikkel wat gebruik maak van die bestaande literatuur op presidensiële agentskap. Dié raamwerk bestaan uit vyf kriteria wat benodig word om ’n hoë vlak van agentskap te handhaaf: (1) ’n positiewe gesindheid teenoor buitelandse sake; (2) die vermoë om sterk leierskap in die beleidsformuleringsproses uit te oefen; (3) meesterskap oor Pennsyvanie Avenue politiek; (4) die gebruik van die rol van openbare ’n opinie maker; (5) en die gebruik van die rol van ’n globale staatsman. Die tesis sal wys dat alhoewel Obama suksesvol is wanneer hy teen die raamwerk gemeet word, sy tekort aan prestasies toegeskryf kan word aan die omvang van die probleme wat hy moet oplos; die groter buitelandse konteks waarin hy verkies is; en die wantroue in die VSA se onderliggende motiewe in sekere streke. Verder sal die tydsbeperkinge op sy presidentskap en die impak van die verkiesingsiklus geïdentifiseer word as ’n bepreking op die spoed waarteen hy veranderinge kan implementeer.

President Clinton created Grand Staircase-Escalante National Monument on September 17, 1996. The Antiquities Act of 1906 gives the president power to establish national monuments on public lands through presidential proclamation. The Act has been used to create national monuments in places such as Muir Woods, Grand Canyon, Mount Olympus, Jackson Hole, and the 1978 Alaskan d-2 lands. Its use has also produced negative public response, manifested as demonstrations, lawsuits, and congressional bills. In spite of significant legal and legislative challenges, the Antiquities Act and most of the monuments established through its use remain. The negative public response to the Act and the monuments has not been able to dissuade presidents from using executive authority. In each of the controversial cases the scope of the Antiquities Act was expanded in regards to the values being protected, monument size, or land use. The public had little influence in reversing that expansion. The Antiquities Act was designed as a tool to provide protection to threatened lands. It has protected federal lands, and in many cases the national interest. The historic and scientific values of once controversial monuments such as the Grand Canyon, Muir Woods Mount Olympus, Jackson Hole, and the d-2 lands, are now indisputable. These monuments have evolved to represent part of our natural national heritage. Only time will tell if the same can be said for Grand Staircase-Escalante National Monument.

Scholars of human rights and constitutional law have described in great detail the abuses perpetrated by the armed forces and secret services of the United States in the context of the ‘war on terror’. There is copious literature explaining why these violations of fundamental human rights are not justifiable, and why they are not consistent with international treaties or that nation’s constitution. This thesis builds upon this research, but strikes out in a new direction. It does so by asking whether these abuses, combined with the changes to the legal order of the United States that made them possible, have produced a qualitative transformation of its constitutional structure. In particular, this thesis tracks the empowering of the executive. Increasingly, whenever it purports to act in the interests of national security, the executive claims the authority to act unilaterally in a manner that overrides even non-derogable rights. These novel constitutional reserve powers, which this thesis demonstrates were derived from President Nixon’s theory of the executive, were used to justify indefinite arbitrary detention, torture, mass surveillance without warrants, and extra-judicial execution. This thesis seeks to determine if the constitutional crisis inaugurated by this theory of executive supremacy over the laws has been terminated, or whether it has continued into the Obama Administration. If this theory is current within the executive branch, and especially if the violations of jus cogens norms has continued, it signifies a cross-party consensus about a paradigm shift in American constitutionalism. Accordingly, given the fact that the abuse of executive supremacy is what led to the development of the rule of law, this thesis will ask the question of whether the United States is being governed in accordance with its basic minimum norms. This thesis explores whether the executive is still subject to checks and balances from the legislature and the judiciary, such that it cannot violate non-derogable rights at will and with impunity. If the contrary proposition is true, it demonstrates that the crisis of the rule of law in the United States is ongoing, and this permanent state of exception demands significantly more scholarly attention. / Public, Constitutional, and International Law / LLD

Scholars of human rights and constitutional law have described in great detail the abuses perpetrated by the armed forces and secret services of the United States in the context of the ‘war on terror’. There is copious literature explaining why these violations of fundamental human rights are not justifiable, and why they are not consistent with international treaties or that nation’s constitution. This thesis builds upon this research, but strikes out in a new direction. It does so by asking whether these abuses, combined with the changes to the legal order of the United States that made them possible, have produced a qualitative transformation of its constitutional structure. In particular, this thesis tracks the empowering of the executive. Increasingly, whenever it purports to act in the interests of national security, the executive claims the authority to act unilaterally in a manner that overrides even non-derogable rights. These novel constitutional reserve powers, which this thesis demonstrates were derived from President Nixon’s theory of the executive, were used to justify indefinite arbitrary detention, torture, mass surveillance without warrants, and extra-judicial execution. This thesis seeks to determine if the constitutional crisis inaugurated by this theory of executive supremacy over the laws has been terminated, or whether it has continued into the Obama Administration. If this theory is current within the executive branch, and especially if the violations of jus cogens norms has continued, it signifies a cross-party consensus about a paradigm shift in American constitutionalism. Accordingly, given the fact that the abuse of executive supremacy is what led to the development of the rule of law, this thesis will ask the question of whether the United States is being governed in accordance with its basic minimum norms. This thesis explores whether the executive is still subject to checks and balances from the legislature and the judiciary, such that it cannot violate non-derogable rights at will and with impunity. If the contrary proposition is true, it demonstrates that the crisis of the rule of law in the United States is ongoing, and this permanent state of exception demands significantly more scholarly attention. / Public, Constitutional, and International Law / LLD

The purpose of this research is to analyze the relationship between the executive and legislative branches of American federal government, during periods within which these two branches are led by different political parties, to discover whether the legislative branch attempts to independently legislate and enact foreign policy by using “the power of the purse” to either appropriate in support of or refuse to appropriate in opposition to military engagement abroad. The methodology for this research includes the analysis and comparison of certain variables, including public opinion, budgetary constraints, and the relative majority of the party that holds power in one or both chambers, and the ways these variables may impact the behavior of the legislative branch in this regard. It also includes the analysis of appropriations requests made by the legislative branch for funding military engagement in rejection of requests from the executive branch for all military engagements that occurred during periods of divided government from 1946 through 2009