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1. The Use of Executive Orders and Proclamations to Create Immigration Policy: Trump in Historical Perspective

Author:
Michele Waslin
Publication Date:
03-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article examines presidential immigration policy making through executive orders (EOs) and proclamations. Donald Trump’s overall volume of EOs has been remarkably similar to that of other presidents, while his number of proclamations has been relatively high. His immigration-related EOs and proclamations, however, diverge from those of his predecessors in several ways. Of the 56 immigration-related EOs and 64 proclamations issued since 1945, Trump has issued 10 and nine, respectively. Overall, about 1 percent of all EOs and proclamations during this period have been immigration related, compared to 8 percent of Trump’s EOs and 2.4 percent of Trump’s proclamations. In a sharp departure from previous presidents, a greater share of his EOs and proclamations have been substantive policy-making documents intended to restrict admissions of legal immigrants and increase enforcement along the border and in the interior of the United States. This article explores Trump’s unorthodox use of executive tools to make immigration policy, circumventing Congress and even members of his own administration. It recommends that: Congress should hold oversight hearings and should consider revoking or modifying EOs and proclamations that have been issued pursuant to the authority provided to the president by Congress, as opposed to those based on the executive’s constitutional authority. Advocacy organizations should continue to challenge the president’s executive actions, the insufficient process and consultation leading to them, their statutory or constitutional justification, and their impact. Congress should take an inventory of the immigration authorities it has delegated, both explicitly and implicitly, to the executive branch and determine when this authority can and should be limited. Congress should pass legislation to update and reform the US immigration system, and thus clarify its intentions regarding US immigration law, policy, and executive authority in this area.
Topic:
Immigration, Border Control, Domestic politics, and Federalism
Political Geography:
United States, North America, Washington, and D.C.

2. Controlling Agency Choke Points: Presidents and Turnover in the Senior Executive Service

Author:
Kathleen Doherty, David Lewis, and Scott Limbocker
Publication Date:
11-2017
Content Type:
Working Paper
Institution:
Department of Social Sciences at West Point, United States Military Academy
Abstract:
If presidents wish to see their policy priorities implemented, they need control over career executives occupying key decision-making positions. This paper examines the extent to which new presidential administrations marginalize high level career executives and whether political conflict with a new administration drives executives from their positions. Once in office, presidents are more likely to target individuals with whom they conflict and those in important policymaking positions. Turnover is also affected by the choices of career executives. Some anticipate conflict and strategically exit before a new president takes office. To assess our theory, we use unique new data that combines individual survey responses with personnel records to analyze the probability that an agency executive departs her position from March 2015 to July 2017. Given our findings that turnover is driven both by presidential marginalization and strategic exit by bureaucrats, we conclude with implications for presidential efforts to control the bureaucracy.
Topic:
Leadership, Federalism, Bureaucracy, and Domestic Policy
Political Geography:
United States and North America

3. The Citizen, Power and Democracy in Europe's crisis

Publication Date:
02-2014
Content Type:
Video
Institution:
Vaclav Havel Library
Abstract:
The first conference – entitled The Citizen, Power and Democracy in Europe’s crisis – will take place in Prague on 21 and 22 February 2014. The Prague Václav Havel European Dialogues begins with two panel discussions: Europe and the Crisis of Democratic Capitalism and Reinventing the European Project. Evening Conversation: What Europe? What Democracy? will follow. Saturday’s programme will open with a session entitled Europe and the Limits of Civil Society. From consensus to a conflict-driven policy?, while a subsequent discussion, Federalism: The American vs. The European Way, will bring the first ever Václav Havel European Dialogues to a conclusion.
Topic:
Civil Society, Politics, Democracy, Capitalism, and Federalism
Political Geography:
United States, Europe, and North America

4. TACIT AMENDMENTS

Author:
Oona A. Hathaway, Haley Nix, Saurrabh Sanghvi, and Sara Solow
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
As a general rule, the President is “‘without authority, except by and with the advice and consent of the Senate, to modify a treaty provision.’”2 Thus, in amending a treaty, parties effectively sign and ratify a new treaty, to which the standard treaty processes apply. However, numerous treaties have established procedures for modifications to the regime that do not rise to the level of formal amendments to the treaty. This report focuses on such “unratified treaty amendments”—which include what are called “tacit amendments.” Unratified amendments are amendments to treaties that are made without formal Senate ratification.3 They have proven a useful tool in creating robust treaty regimes in a changing world. Just as the use of executive agreements in general has expanded rapidly in the past century,4 treaty regimes increasingly have adopted amendment processes that do not require a full ratification process. And just as executive agreements have raised questions about Senate prerogatives, so too have unratified amendments. There are two primary ways that the U.S. government modifies underlying treaties through an unratified amendment5 —first, through the use of executive agreements; and, second, through the use of tacit amendments. Part I describes how each process works. It argues that both pass constitutional muster so long as the Senate has provided its clear advice and consent to the use of such processes (although not necessarily to the substance of the modifications) in the first instance. Part II outlines and evaluates the various ways in which the Senate has responded to attempts to modify treaties by executive agreement or by tacit amendment in the past. It concludes that the Senate’s requirements of prior notice and its focus on technical provisions, while not always easy to achieve in practice, are sensible ways to maintain Senate prerogatives. Part III concludes.
Topic:
Foreign Policy, Treaties and Agreements, Domestic politics, and Federalism
Political Geography:
North America and United States of America