
Published online:
18 January 2018
Published in print:
02 May 2017
Online ISBN:
9781503601987
Print ISBN:
9780804799973
Contents
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Legal Authority and the Source of Action Legal Authority and the Source of Action
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Sources of Authority and Unilateral Action Sources of Authority and Unilateral Action
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Presidential Prerogative Power, Linked to Congress Presidential Prerogative Power, Linked to Congress
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When Presidents Cite Different Sources of Authority When Presidents Cite Different Sources of Authority
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Tracking the Source of Authority Over Time Tracking the Source of Authority Over Time
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Expectations of Citing a Source of Authority Expectations of Citing a Source of Authority
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Data and Methods Data and Methods
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When Presidents Vary the Source of Authority in their Orders When Presidents Vary the Source of Authority in their Orders
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Discretion and the Boundary of Unilateral Action Discretion and the Boundary of Unilateral Action
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Measuring Discretion Measuring Discretion
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Discretion and the Historical Reach of Law Discretion and the Historical Reach of Law
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Conclusion Conclusion
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Chapter
Four The Source of Authority and Delegation of Powers
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Pages
56–91
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Published:May 2017
Cite
Belco, Michelle, and Brandon Rottinghaus, 'The Source of Authority and Delegation of Powers', The Dual Executive: Unilateral Orders in a Separated and Shared Power System (Redwood City, CA , 2017; online edn, Stanford Scholarship Online, 18 Jan. 2018), https://doi.org/10.11126/stanford/9780804799973.003.0004, accessed 24 Apr. 2025.
Abstract
Chapter 4 explores the president’s sources of authority and how they are used. Presidents can rely on their constitutional powers or authority delegated by Congress. They may invoke statute-based and constitution-based sources of authority when issuing unilateral orders although the variation is influenced by the different separate and shared power arrangements. The chapter examines the variation in the sources of authority the president cites, as well as when he or she invokes statute-based or constitution-based sources of authority, and the influence of the extent of authority and discretion delegated by Congress.
Subject
US Politics
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