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Who's in Charge? Does the President Have Directive Authority Over Agency Regulatory Decisions?

55 Pages Posted: 15 Jun 2011  

Robert V. Percival

University of Maryland - Francis King Carey School of Law

Date Written: 2011

Abstract

After describing three principal views on whether the President has directive authority, this Article discusses the constitutional foundations of this debate. It then reviews the history of presidential oversight of agencies and its implications for the debate over directive authority. The Article concludes by explaining why, even if the President has unfettered removal authority over the heads of non-independent agencies, it matters that this removal power does not imply the power to control decision making entrusted by law to agency heads.

Keywords: directive authority, unitary executive theory, disunitary executive approach

Suggested Citation

Percival, Robert V., Who's in Charge? Does the President Have Directive Authority Over Agency Regulatory Decisions? (2011). Fordham Law Review, Vol. 79, pp. 2487-2540, 2011; U of Maryland Legal Studies Research Paper No. 2011-29. Available at SSRN: https://ssrn.com/abstract=1864826

Robert V. Percival (Contact Author)

University of Maryland - Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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