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Delegation or Unilateral Action?

Author

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  • Kenneth Lowande
Abstract
Unilateral presidential actions often face implementation problems in the executive branch. I argue these actions are better studied as delegation. I model the conditions under which a president is likely to delegate and provide discretion to subordinates either insulated or uninsulated from their control. I find legislators benefit from agency discretion when presidents pursue policymaking in the executive branch. The threat of legislative sanction induces agents to deviate from presidential priorities, and inter-branch disagreement increases bureaucratic non-compliance in insulated agencies. Nonetheless, in equilibrium, the president is more likely to delegate to insulated agents. Ultimately, the model demonstrates how the politics of direct action are influenced by the need for bureaucratic cooperation. Case studies on US presidential directives mandating public funding of gun violence research and security reforms at government facilities illustrate key features of the model.

Suggested Citation

  • Kenneth Lowande, 2018. "Delegation or Unilateral Action?," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 34(1), pages 54-78.
  • Handle: RePEc:oup:jleorg:v:34:y:2018:i:1:p:54-78.
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    File URL: http://hdl.handle.net/10.1093/jleo/ewy001
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    Citations

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    Cited by:

    1. Austin Bussing & Michael Pomirchy, 2022. "Congressional oversight and electoral accountability," Journal of Theoretical Politics, , vol. 34(1), pages 35-58, January.
    2. Sarel, Roee & Demirtas, Melanie, 2021. "Delegation in a multi-tier court system: Are remands in the U.S. federal courts driven by moral hazard?," European Journal of Political Economy, Elsevier, vol. 68(C).
    3. Turner, Ian R, 2021. "Policy Durability, Agency Capacity, and Executive Unilateralism," SocArXiv stnzf, Center for Open Science.

    More about this item

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • D78 - Microeconomics - - Analysis of Collective Decision-Making - - - Positive Analysis of Policy Formulation and Implementation

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