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Presidents Issue Fewer Orders When Congress Can Act: New Data Shows Capacity Matters More Than Ideology

Regression DiscontinuityLegislative CapacitySeparation Powers PoliticsMid 1940s ThresholdAmerican Politics@AJPS1 Stata file1 datasetDataverse
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New theory explains presidential use of executive orders. It argues that divided government and ideological differences matter less when a capable Congress can constrain the president.

We show that legislative capacity has changed over time – low before mid-1940s, high afterwards.

Findings:

Presidents issue more orders during divided governments when* Congress lacks capacity (pre-mid 1940s).

* In later periods with strong Congressional capacity, ideological divides and divided government have less impact on unilateralism.

Data & Methods:

Basing our analysis on institutional changes between 1905-2013. We used regression discontinuity design to test how legislative capacity thresholds affect presidential action.

This work deepens understanding of separation-of-powers politics and executive power limits.

Article card for article: Legislative Capacity and Executive Unilateralism
Legislative Capacity and Executive Unilateralism was authored by Alexander Bolton and Sharece Thrower. It was published by Wiley in AJPS in 2016.
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American Journal of Political Science