Policymaking in the United States: constraining a runaway executive branch

Abstract

ABSTRACTThe American executive branch has mastered tools that allow it broad discretion while receiving little oversight from other branches. This article provides valuable insights on the complex legislative-executive relations, as Congress is often unable to effectively check the executive branch. This article provides an overview of the broad policymaking discretion that the presidency and federal agencies in the United States have acquired. It details the constraints that curb executive discretion including the doctrines courts utilise to discipline the executive branch. It discusses how judicial doctrines can be utilised to prevent the executive branch from gaining excessive powers. This article considers a timely debate on the nature and scope of expansive executive actions. Its analysis can inform future controversies surrounding unilateral actions and other executive initiatives by the current administration and future presidents.