Reexamining the Use of Unilateral Orders

Abstract

Recent debate on the use of unilateral presidential directives suggests that a president’s ability to shape and act without the consent of Congress is largely unchecked by traditional institutional arrangements while other research shows that presidents are more likely to be restrained by Congress. This article contributes to this debate by examining the source of authority used in unilateral orders. Using a new database of unilateral orders and a new theory, we reexamine when presidents use unilateral orders. We find that orders that invoke Congressionally based sources of authority are used when Congress is stronger while those that are presidency-based are used when Congress is weaker. These findings allow us to be more precise about how presidential unilateral strategy is shaped by institutional forces.