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Presidential Administration in a Regime of Separated Powers: An Analysis of Recent American Experience
Mashaw, Jerry L. Berke, David
Mashaw, Jerry L.
Berke, David
Abstract
This Article examines presidential direction of administrative action in the Obama and early Trump Administrations against the backdrop of ongoing debates concerning: (i) the desirability of and appropriate techniques for presidential control of administration and (ii) the relevance of separated powers when American government is under unified political control. To give this analysis a concrete context, the Article provides in-depth case studies of presidential administration in immigration policy, climate change policy, and executive structuring of the administrative state, under both the Obama and early Trump Administrations.