Executive Orders and the Setting of Public Policy

Presidential Power

According to Howell, the two features of a president acting unilaterally are the president's ability to move and set policy alone without seeking legislative approval, and the fact that the president acts without collaboratively involving other government branches or political institutions. Firstly, is the president’s ability to set policy: “Rather than waiting at the end of an extended legislative process to sign or veto a bill, the president simply sets new policy and leaves it up to Congress and the courts to respond” (Howell, p. 14). This non-collaborative feature of unilateral action presents a dilemma since it allows a single executive branch to hold substantial power over determining policy which could easily be abused or overly biased. It also shows that “there is no need to rally majorities, compromise with adversaries, or wait for some interest group to bring a case to court” (Howell, p. 15). Thus, despite its utility as an expedient process for setting public policy, unilateral presidents must exercise great care in their actions if they are to remain accountable and within the bounds of democratic principles.

The president’s so-called prerogative powers and ability to issue executive orders are two examples of this unilateral power that he holds in modern times. These powers were designed to enable the president to act with efficacy and expediency so matters of state could be addressed quickly and efficiently. However, the modern usage of these powers essentially calls into question the very utility of checks and balances in the current age.