Who's in Charge? Does the President Have Directive Authority Over Agency Regulatory Decisions?
Robert V. Percival
University of Maryland - Francis King Carey School of Law
Fordham Law Review, Vol. 79, pp. 2487-2540, 2011
U of Maryland Legal Studies Research Paper No. 2011-29
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.
Number of Pages in PDF File: 55
Keywords: directive authority, unitary executive theory, disunitary executive approach
Date posted: June 15, 2011